Arizona Eastern Railroad v. Bryan
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, W. N. Bryan, was in the employ of the appellant company as track foreman, or section foreman. His employment required him to engage for the company a sufficient crew of laborers, known as a section crew, to keep the railroad track in repair, and to handle the necessary repair material and tools for use in the work.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. The appellee, W. N. Bryan, was in the employ of the appellant company as track foreman, or section foreman. His employment required him to engage for the company a sufficient crew of laborers, known as a section crew, to keep the railroad track in repair, and to handle the necessary repair material and tools for use in the work. The section foreman was furnished by the company with the necessary tools and appliances for the performance of his duties and for the…
1Opinion of the CourtCunningham, J.
(After Stating the Pacts as Above).— The appellant’s assignments of error generally classified attack the sufficiency of the complaint; the instructions given ; the orders of the court refusing to give instructions requested; the modification by the court of an instruction requested; the admission of improper evidence; and the misconduct of the jury.
The original complaint set forth the alleged cause of action in two counts. The first count was based upon the common-law action for negligence, and the second count was based upon the federal Employers’ Liability Act. At the trial the plaintiff…
2Cases cited5 opinions
- Norfolk & Western Railway Co. v. EarnestSupreme Court of the United States · 1913
- Washington & Georgetown Railroad v. Harmon's AdministratorSupreme Court of the United States · 1893
- Hummer's Extx. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Cincinnati, Hamilton & Dayton Railroad v. VoghtIndiana Court of Appeals · 1901
- Powhatan Lime Co. v. Affleck's AdministratorSupreme Court of Virginia · 1913
3Cited by9 opinions
- Varela v. ReidArizona Supreme Court · 1922
- Reed v. Jamieson Investment Co.Washington Supreme Court · 1932
- Horne v. BlakelyArizona Supreme Court · 1929
- Grand River Dam Authority v. ThompsonCourt of Appeals for the Tenth Circuit · 1941
- Wagner v. Chicago & Alton RailroadMissouri Court of Appeals · 1921
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