St. Louis, Iron Mountain & Southern Railway Co. v. Wiseman
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This is an appeal from ia judgment for $10,000 recovered by appellee against the appellant for the alleged negligent ¡killing of her ¡husband, Robert M. "Wiseman. The facts are substantially as follows: Wiseman was employed by appellant as a car repairer at McG-ehee, Arkansas. He had been engaged in such work for several months.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This is an appeal from ia judgment for $10,000 recovered by appellee against the appellant for the alleged negligent ¡killing of her ¡husband, Robert M. "Wiseman. The facts are substantially as follows: Wiseman was employed by appellant as a car repairer at McG-ehee, Arkansas. He had been engaged in such work for several months. On the 14th of April, 1913, he and one Duckworth, a fellow-servant, were engaged in the work of “brassing a car,” that is, taking out .the old and putting new brass in the journal box.…
1Opinion of the Court
Wood, J.,
(after stating the facts). The uncontro-verted evidence shows that the work of letting down the wheel, in which Wiseman was engaged at the time of 'his injury, was done by the use of a jack if the employees had .a jack for that purpose, and, if not, it was done by using a prize pole. Wiseman had been engaged in this work for several months. Instead of waiting until he could procure a jack, which was the safest way of doing it, and without making any complaint to his foreman that he had no jack for the purpose, he undertook to do the work in the customary way when there were no jacks…
2Cases cited5 opinions
- Potter v. C., R. I. &. P. R.Supreme Court of Iowa · 1877
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Hathaway v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
- Kansas City & Memphis Railway Co. v. HuffSupreme Court of Arkansas · 1915
- Johnson v. Great Northern Railway Co.Supreme Court of Minnesota · 1908
3Cited by10 opinions
- Faulkner v. FaulknerSupreme Court of Arkansas · 1933
- Murphy v. ProvinceSupreme Court of Arkansas · 1922
- St. Louis, Iron Mountain & Southern Railway Co. v. CobbSupreme Court of Arkansas · 1916
- Saltzman v. Great American Indemnity Co.District Court, W.D. Arkansas · 1953
- St. Louis, Iron Mountain & Southern Railway Co. v. DeLambertSupreme Court of Arkansas · 1915
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