St. Louis, Iron Mountain & Southern Railway Co. v. Ledford
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; leptha H. Bvans, Judge; Negligence' of the master, whether committed directly or through a fellow servant, may be assumed. 77 Ark. 367; 79 Id. .53; 86 Id. 507. Only when the facts are undisputed should the -court declare as a matter of law that the risk was assumed. 79 Ark. 53; 205 U. S. 1. The permit to ride the engine given by ’phone was not sufficient; it should have been in writing. 75 Ark. 579; 81 Id. 369. It is error to submit to the…
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Appeal from Crawford Circuit Court; leptha H. Bvans, Judge; Negligence' of the master, whether committed directly or through a fellow servant, may be assumed. 77 Ark. 367; 79 Id. .53; 86 Id. 507. Only when the facts are undisputed should the -court declare as a matter of law that the risk was assumed. 79 Ark. 53; 205 U. S. 1. The permit to ride the engine given by ’phone was not sufficient; it should have been in writing. 75 Ark. 579; 81 Id. 369. It is error to submit to the jury abstract issues that find no support in the testimony. 77 Ark. 109; Id. 261; 85 Id. 532; 79 Id. 225. An employee…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff (appellee) sustained physical injury while in the service of defendant, and sues to recover the damages, alleging that the same' were caused by negligence of other servants of the company. The injury occurred at night in October, 1907, when the plaintiff was a minor, eighteen years of age. He was working for the company at Van Burén, Arkansas,, which is a division point, as call boy, his duties being to call enginemen at night to report for service. His headquarters, while on duty, were at the round house, which is about a mile distant from the town of Van Burén and from the…
2Cases cited7 opinions
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Forrest City MacHine Works, Inc. v. Aderhold Ex Rel. Cross County BankSupreme Court of Arkansas · 1981
- Duncan v. Montgomery Ward & Co.Court of Appeals for the Eighth Circuit · 1940
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- Duff v. AyersSupreme Court of Arkansas · 1922
- St. Louis Southwestern Railway Co. v. SmithSupreme Court of Arkansas · 1912
7 more not listed; retrieve them via the Exa API.