Legal Opinion

Robinson v. St. Louis, Iron Mountain & Southern Railway Co.

Supreme Court of Arkansas

Decided January 26, 1914PublishedCited by 7 opinions

Appeal from Nevada Circuit Court; Jacob M. Garter, Judg-e; 1. The complaint alleges that the injury was caused by the call boy in the employ of appellee while going to make a call under its orders, and this sufficiently charges that he was in the discharge of his duty toward appellee and was acting within the scope of his employment. The complaint states facts sufficient to constitute a cause of action under the doctrine respondeat superior.

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Appeal from Nevada Circuit Court; Jacob M. Garter, Judg-e; 1. The complaint alleges that the injury was caused by the call boy in the employ of appellee while going to make a call under its orders, and this sufficiently charges that he was in the discharge of his duty toward appellee and was acting within the scope of his employment. The complaint states facts sufficient to constitute a cause of action under the doctrine respondeat superior. Thompson on Negligence, § 613; 45 Mich. 62; 40 Ark. 323; 93 Ark. 403; 6 Labatt, Master & Servant (2 ed.), § 2241-a; Id., % 2242; Id., § 2226; 42 Ark.…

1Opinion of the CourtSmith, J.

The complaint in this case alleged that the appellant was a corporation, owning and operating a line of railroad in Clark County, and that Glurdon is a point where two of the appellee’s lines of road cross, and at which trainmen stop over for rest and where a large number of trainmen reside.

That said trainmen have their residences and boarding places in some instances more than one-half mile from the railroad. station, and where they are required to report for work. That for the purpose of calling said trainmen from their homes and boarding places the defendant, on the 28th day of April,…

2Cases cited6 opinions

  1. Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
  2. Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893
  3. Railway Co. v. HackettSupreme Court of Arkansas · 1894
  4. St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
  5. Tillar v. ReynoldsSupreme Court of Arkansas · 1910

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Lundell v. WalkerSupreme Court of Arkansas · 1942
  2. American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
  3. St. Louis, Iron Mountain & Southern Railway Co. v. RobinsonSupreme Court of Arkansas · 1915
  4. Wells Fargo & Co. Express v. AlexanderSupreme Court of Arkansas · 1920
  5. Fuqua v. DeapoDistrict Court, W.D. Arkansas · 1964

2 more not listed; retrieve them via the Exa API.

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