{
  "id": 1478540,
  "name": "Missouri Pacific Transportation Company v. Allen",
  "name_abbreviation": "Missouri Pacific Transportation Co. v. Allen",
  "decision_date": "1945-02-05",
  "docket_number": "4-7523",
  "first_page": "122",
  "last_page": "124",
  "citations": [
    {
      "type": "official",
      "cite": "208 Ark. 122"
    },
    {
      "type": "parallel",
      "cite": "184 S.W.2d 961"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 345,
    "char_count": 4497,
    "ocr_confidence": 0.541,
    "sha256": "f50280d8c0de88120bb3df415ae7ce4f353ebc966ee39a615255e316338e169a",
    "simhash": "1:34e9cb381741cdc7",
    "word_count": 766
  },
  "last_updated": "2023-07-14T15:02:19.909104+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Missouri Pacific Transportation Company v. Allen."
    ],
    "opinions": [
      {
        "text": "Griffin Smith, Chief Justice.\nFannie Allen, 71 years of age, was injured when appellant\u2019s bus backed in such manner as to engage the rear bumper of an automobile driven by the plaintiff\u2019s son, into which she wasmttempting to enter. The appeal is from a judgment for $3,000 based on a jury\u2019s verdict.\nErrors complained of are (1) Instruction No. 1, (2) lack of substantial evidence, and (3) an excessive verdict.\nObjection to the instruction was that it unduly emphasized testimony upon which the plaintiff relied; also that it was abstract.\nIt is true that certain alleged acts of the defendant upon which the plaintiff based her suit were mentioned in the instructions, but there was testimony as to each. If it should be conceded that the defendant\u2019s cause might have been better served by a shorter instruction, still, within certain limitations too well known to call for repetition here, discretion rests with the trial court in the matter of phraseology, and unless some rule of law is violated and prejudice results, a judgment will not be reversed merely because the reviewing tribunal would have employed a different expression.\nAppellant thinks that because the so-called factual story told by appellee and some of her witnesses appears improbable there was want of substantial evidence. This would be true if, as distinguished from substantive testimony, the jury did not pass upon credibility of witnesses. But it does, and results reached in the case at bar indicate that Fannie Allen\u2019s version was believed. Whatever doubt may have existed appears to have been resolved in favor of the plaintiff, and we cannot say that impossibilities were stated and that the evidence lacked the essential quality of substantiality.\nDr. J. N. Pate testified regarding injuries. Appellee had a dislocated shoulder, a broken collar bone, and bodily bruises were attended by swelling. When asked what condition the subject\u2019s back was in, Dr. Pate replied: \u201cIt was so tender-\u2014and it was so painful\u2014[that it was difficult to determine] what damage bad been done to the back. .She bad to be helped into the office. I \u2018reduced\u2019 the dislocation and gave her pain medicine for that. . . . She suffered lots; couldn\u2019t move \u2018that\u2019 arm at all [on account of shoulder injury]. ... In my opinion she will never have any usable use of her right shoulder and right arm. \u2019 \u2019\nIn connection with the circumstance that Dr. Pate did not see the patient until-five days after injury, he testified that physical evidence was such that total disability could not have been of long duration.\nWe think the Doctor\u2019s testimony, and other evidence as to the extent of injury and probable duration of disability were sufficient to justify the amount recovered. If, as the injured woman testified (confirmed by Dr. Pate) she. \u201cwas spitting up some blood,\u201d effect of the trauma was more than passive.\nAffirmed.\n. . If you find from a preponderance of the evidence that the plaintiff while attempting to or about to get into her son\u2019s car while said car was parked at the usual and customary place for cars to park at Whelen Springs and said car was parked in the usual and customary manner, defendant\u2019s bus driver backed defendant\u2019s bus back and cut the front wheels of said bus causing the front end of the bus to come over toward the car and that the front bumper of the bus hooked or caught the rear bumper of the car that plaintiff was about to board and that when these bumpers caught, it jerked the car that plaintiff was about to board backward and that the door of said car caught and struck the plaintiff and knocked her down and injured her, as alleged in her complaint, and you further find from the preponderance of the evidence that the bus had plenty of room to back up and out of the place where it had stopped without hitting this car, and you further find from a preponderance of the evidence the cutting of the front end of the bus caused the striking of the car and pulling it backward and that this was negligence as defined in other instructions, it will be your duty to find for the plaintiff, provided you find from a preponderance of the evidence that plaintiff was guilty of no negligence.\u201d\nBecause counsel had stipulated that no bones were broken, testimony that the plaintiff\u2019s collar bone had been broken was ruled out.",
        "type": "majority",
        "author": "Griffin Smith, Chief Justice."
      }
    ],
    "attorneys": [
      "Barber, TIenry S Thurman, for appellant.",
      "G. W. Lookacloo, for appellee."
    ],
    "corrections": "",
    "head_matter": "Missouri Pacific Transportation Company v. Allen.\n4-7523\n184 S. W. 2d 961\nOpinion delivered February 5, 1945.\nBarber, TIenry S Thurman, for appellant.\nG. W. Lookacloo, for appellee."
  },
  "file_name": "0122-01",
  "first_page_order": 140,
  "last_page_order": 142
}