Missouri & North Arkansas Railroad v. Duncan
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. The first and third instructions given on the part of appellee were erroneous in- that they authorized a recovery if the jury found either that the coupling was made with unnecessary and unusual force or that the appellant failed to give due notice, etc. There is no absolute duty to bring home actual notice, but a duty only to exercise reasonable care to give notice or warning.
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Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. The first and third instructions given on the part of appellee were erroneous in- that they authorized a recovery if the jury found either that the coupling was made with unnecessary and unusual force or that the appellant failed to give due notice, etc. There is no absolute duty to bring home actual notice, but a duty only to exercise reasonable care to give notice or warning. The omission of this explanation of the appellant’s duty as to notice is not cured by the twelfth instruction given at appellant’s request, because the former…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by J. C. Duncan to recover from the Missouri & North Arkansas Railroad Company damages for personal injuries which he alleged he sustained on account of its negligence. The plaintiff was an employee of the Pekin Stave & Manufacturing Company, which was engaged in shipping over the defendant’s railroad stave bolts which it obtained along its line. On the day of the injury, plaintiff was loading stave bolts into a freight car, which was placed by the defendant upon its track at a point between its stations, Alberry and Shirley. After placing the car at this point,…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. AdamsSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. BatselSupreme Court of Arkansas · 1911
- Little Rock & Hot Springs Western Railroad v. McQueeneySupreme Court of Arkansas · 1906
- Central of Georgia Railway Co. v. DuffeySupreme Court of Georgia · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. ClementsSupreme Court of Arkansas · 1909
3Cited by6 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- DeQueen & Eastern Railroad v. PigueSupreme Court of Arkansas · 1918
- Memphis, Dallas & Gulf Railroad v. YandellSupreme Court of Arkansas · 1916
- Degitz v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1916
- St. Louis Southwestern Railway Co. v. BrummettSupreme Court of Arkansas · 1940
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