St. Louis, Iron Mountain & Southern Railway Co. v. Ingram
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; John W. Stay-ton, Special Judge; 1. This suit is based upon the Federal Employers’ Liability Act, and liability must be determined by it. 229 U. S. 146; Boberts, Injuries Interstate Employees, § 30; Thornton, Fed.
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Appeal from Jackson Circuit Court; John W. Stay-ton, Special Judge; 1. This suit is based upon the Federal Employers’ Liability Act, and liability must be determined by it. 229 U. S. 146; Boberts, Injuries Interstate Employees, § 30; Thornton, Fed. Employers’ Act (3 ed), 4 45. This is but a re-enactment of the common law liability of the master. 233 U. S. 492; 234 Id. 725. The general presumption is that the appliance was not defective, and if shown defective there is a further presumption that the master had no notice. The burden is on the servant to negative these presumptions and show…
1Opinion of the CourtSmith, J.
This is the second appeal of this case. The opinion upon the former appeal will be found in 118 Ark. 377, and the facts as there stated are substantially the same as those developed at the trial from which this appeal is prosecuted, except in the respects to which attention will be called. At the trial from which the first appeal was prosecuted, appellee predicated his right of recovery on the Act of the General Assembly of this .State approved March 8, 1911 (Acts 1911, p. 55), but on the remand of the cause appellant amended its answer and alleged that, at the time of his injury, appellee…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Anthony v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
- St. Louis & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. LoveSupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Moore v. Chesapeake & Ohio Railway Co.District Court, S.D. West Virginia · 1980
- Beeber v. Norfolk Southern Corp.District Court, N.D. Indiana · 1990
- Southern Railway Company v. BradshawCourt of Appeals of Georgia · 1946
- Georgia, Southern & Florida Railway Co. v. WilliamsonCourt of Appeals of Georgia · 1951
- Wood v. Southern Pacific Co.Oregon Supreme Court · 1959
4 more not listed; retrieve them via the Exa API.