Hodge-Downey Construction Co. v. Carson
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Henry W. Wells, ..Judge; STATEMENT BY THE COURT. Plaintiff sued the defendant for damages to a wagon and harness, alleging that it owned and operated a system of gravel trains, locomotives and cars and hauled and distributed gravel from its pit near Monticello, in Arkansas, along the tracks of the Iron Mountain railroad.
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Appeal from Drew Circuit Court; Henry W. Wells, ..Judge; STATEMENT BY THE COURT. Plaintiff sued the defendant for damages to a wagon and harness, alleging that it owned and operated a system of gravel trains, locomotives and cars and hauled and distributed gravel from its pit near Monticello, in Arkansas, along the tracks of the Iron Mountain railroad. That the plaintiff was engaged in the sale of meats, and sent for delivery some meat to the camp at said gravel pit; while the delivery was being made, the defendant, through its agents and employees, negligently and carelessly allowed a car to…
1Opinion of the Court
Kirby, J.,
(after stating the facts.) It is insisted here that the court erred in giving said instruction No. 4, and we have concluded that the contention is correct. Said instruction tells the jury that, for the protection of persons and property about its yards, a railroad company is held to the greatest degree of care, and also that if the car was not equipped with brakes, or the brakes on the car were not in working order, and defendant, through its agents and employees, bumped the car and started same towards the plaintiff’s horse, and plaintiff did all that a reasonable and prudent'…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodsSupreme Court of Arkansas · 1910
3Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BrightSupreme Court of Arkansas · 1913
- Wright v. Liberty Central Trust Co.Supreme Court of Arkansas · 1924