Railway Co. v. Torrey
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. Robert J. IvEA, Judge, on exchange of circuits with Grant Green, Jr. STATEMENT BY THE COURT. This was an action to recover damages for a personal injury sustained by the plaintiff while he was serving the railway company as a bridge carpenter under the direction of one Sanford, who was foreman of a gang of men engaged in repairing a bridge over White river.
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Appeal from Monroe Circuit Court. Robert J. IvEA, Judge, on exchange of circuits with Grant Green, Jr. STATEMENT BY THE COURT. This was an action to recover damages for a personal injury sustained by the plaintiff while he was serving the railway company as a bridge carpenter under the direction of one Sanford, who was foreman of a gang of men engaged in repairing a bridge over White river. The complaint alleges that the plaintiff was ordered by the foreman ‘ ‘ to hold a certain block and tackle which had been negligently wrapped around a stay on the bridge, so as to allow an engine to pass,…
1Opinion of the Court
Mansfield, J.,
1. Doctrine of fellow servants applied. (after stating the facts.) In the matter of merely wrapping the rope of the block and tackle around the brace of the bridge, the foreman was not performing a master’s duty, but an act of labor in common with the labors of the plaintiff ; and as to that act we think the foreman and the plaintiff were fellow servants. If therefore the accident was caused by the foreman’s neglig-ence in wrapping the rope, the defendant was not liable unless its own negligence as master combined with that of the foreman as a laborer, to produce the injury.*…
2Cases cited4 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Southwestern Telephone Co. v. WoughterSupreme Court of Arkansas · 1892
3Cited by15 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Perkins Oil Company of Delaware v. FitzgeraldSupreme Court of Arkansas · 1938
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
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