Chicago, Rock Island & Pacific Railway Co. v. Lewis
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; 1. Appellant can not be held liable under the proof. Appellee’s complaint that no notice that the car was in bad order was posted on the car or given to him or to the consignee is without merit, because he himself discovered the hole in the car and knew that it was such a hole as one might step into and get hurt.
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Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; 1. Appellant can not be held liable under the proof. Appellee’s complaint that no notice that the car was in bad order was posted on the car or given to him or to the consignee is without merit, because he himself discovered the hole in the car and knew that it was such a hole as one might step into and get hurt. A railroad company is not an insurer of the safety of persons who come upon its premises on business with the company. If such a person discovers a defect and appreciates the danger therefrom, yet continues…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, John S. Lewis, while unloading a car of tiling at Hartford, Arkansas, received personal injuries on account of an alleged defect in the car, and sues the defendant, the Chicago, Rock Island & Pacific Railway Company, which was the delivering carrier, to recover the damages.
The carload of tiling was shipped to Hartford, consigned to Baldwin & Smith, a firm of merchants at that place, and came over the Midland Valley Railroad. In order to make delivery to the consignee, the car was turned over to the defendant company, and by its servants transported over its main track and side…
2Cases cited5 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Glass v. ColmanWashington Supreme Court · 1896
- Sheltrawn v. Michigan Central RailroadMichigan Supreme Court · 1901
- St. Louis & San Francisco Railroad v. FrittsSupreme Court of Arkansas · 1908
- Sykes v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1901
3Cited by22 opinions
- Jackson v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Iowa · 1947
- Freedman v. HurwitzSupreme Court of Connecticut · 1933
- Gover v. Central Vermont Railway Co.Supreme Court of Vermont · 1922
- Edwards v. KirkSupreme Court of Iowa · 1939
- Bugh v. WebbSupreme Court of Arkansas · 1959
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