Little Rock & Ft. Smith Railway Co. v. Cagle
Supreme Court of Arkansas
APPEAL from Pope Circuit Court. G. S. Cunningham, Judge. 1. There must be some evidence of negligence on the part of the company, either in providing improper materials, or in suffering materials or structures, over which it has control and which have become defective, to remain in use. 119 Mass., 412; 91 Ill., 474; 92 Ill., 139; 44 Ark., 529; 46 Ark., 555 ; 41 Ark., 382. 2. The burden of proof is on the employe, not only to clear himself of contributory negligence, but to…
Read the full summary
APPEAL from Pope Circuit Court. G. S. Cunningham, Judge. 1. There must be some evidence of negligence on the part of the company, either in providing improper materials, or in suffering materials or structures, over which it has control and which have become defective, to remain in use. 119 Mass., 412; 91 Ill., 474; 92 Ill., 139; 44 Ark., 529; 46 Ark., 555 ; 41 Ark., 382. 2. The burden of proof is on the employe, not only to clear himself of contributory negligence, but to show his ignorance of the defects which caused the injury. 43 Iowa, 662; 53 Ga., 488; 56 Ga., 586. Plaintiff, by his…
1Opinion of the CourtHughes, J.
Appellee sued and recovered judgment for $5,000.00 against appellant, for an injury sustained by him, while in the employ of said railway company as yard foreman, at Coal Hill, Ark., on the 17th of December, 1887, by reason of a hole in the platform of the platform scales at that place owned by the Stiewell Coal Company, into which appellee stepped in the night time, and fell while attempting to couple cars, which the evidence shows it was his - duty to do.
The appellant in its answer denied that the platform scales were defendant’s property, or that it had any control, over or ownership of…
2Cases cited2 opinions
- Wabash, St. Louis & Pacific Railway Co. v. PeytonIllinois Supreme Court · 1883
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
3Cited by5 opinions
- Story v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1900
- Engel v. New York, Providence, & Boston RailroadMassachusetts Supreme Judicial Court · 1893
- Arkadelphia Lumber Co. v. SmithSupreme Court of Arkansas · 1906
- Doyle v. Toledo, Saginaw & Muskegon Railway Co.Michigan Supreme Court · 1901
- Arkansas Central Railroad v. JacksonSupreme Court of Arkansas · 1902