St. Louis, Iron Mountain & Southern Railway Co. v. DeLambert
Supreme Court of Arkansas
Appeal from Bradley ¡Circuit Court; Turner Butler, Judge; 1. The modification of instruction 14 was material and prejudicial. The testimony shows that appellee was notified that the master mechanic had forbidden the taking of the cars out on the track at night, and that the penalty for disobedience would be dismissal from the service.
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Appeal from Bradley ¡Circuit Court; Turner Butler, Judge; 1. The modification of instruction 14 was material and prejudicial. The testimony shows that appellee was notified that the master mechanic had forbidden the taking of the cars out on the track at night, and that the penalty for disobedience would be dismissal from the service. The jury could reasonably have found, from the evidence that the company’s rules forbade plaintiff from taking the car out at night for “ joy-riding,” or otherwise, and that he was not directed by any superior officer to take it out on this occasion. Yet this…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff was an employee of the defendant railway company and instituted this action to recover damages on account of personal injuries received. The case was here once before, and the judgment was reversed on account of the insufficiency of the evidence. 112 Ark. 446. The facts set forth in the former opinion need not be repeated here in detail.
There are slight differences in the testimony which will be referred to later in the discussion of the merits of the case. Suffice it to say, now, that the plaintiff was employed as a mechanic, his particular service being to repair motor cars or…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. WisemanSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. DeLambertSupreme Court of Arkansas · 1914
3Cited by4 opinions
- Mode v. StateSupreme Court of Arkansas · 1961
- Mode v. StateSupreme Court of Arkansas · 1961
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969