Railway Co. v. Hammond
Supreme Court of Arkansas
Appeal from Pulton Circuit Court. John H. Woods, Special Judge. Action by Hammond, as administrator of Geo. C. Golden, deceased, against the Kansas City, Port Scott & Memphis Railway Company.
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Appeal from Pulton Circuit Court. John H. Woods, Special Judge. Action by Hammond, as administrator of Geo. C. Golden, deceased, against the Kansas City, Port Scott & Memphis Railway Company. The facts are stated by the court as follows :— The appellee, administrator, as plaintiff, instituted this action in the Pulton circuit court to recover of appellant company, as defendant, damages in the sum of $5000, for the negligent killing of George C. Golden, his intestate, for the use and benefit of James O. Golden, father of and next of kin to deceased. Verdict for $1300. Motion for new trial made…
1Opinion of the Court
Bunn, C. J.,
i. Reason-rule adopted by master. (after stating the facts). One of the causes of complaint of the appellee is to the .effect that . the appellant company had failed and neglected to establish reasonably sufficient rules and regulations to govern the conduct of its business in respect to the running of trains by the rock quarry, so as to afford reasonable protection to the men there employed, and while on the hand-car, as deceased was when killed.
This is a charge of direct negligence on the part of the company, and of itself involves no question of agency or relation or degree of…
2Cases cited5 opinions
- Vedder v. . FellowsNew York Court of Appeals · 1859
- Illinois Central R. R. v. WhittemoreIllinois Supreme Court · 1867
- Little Rock & Fort Smith Railroad v. DuffeySupreme Court of Arkansas · 1880
- Railway v. AdcockSupreme Court of Arkansas · 1889
- Hobbs v. Texas & Pacific Ry. Co.Supreme Court of Arkansas · 1887
3Cited by10 opinions
- Nolan v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1898
- Little Rock & M. R. v. BarryCourt of Appeals for the Eighth Circuit · 1898
- Western Union Telegraph Co. v. Love Banks Co.Supreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodwardSupreme Court of Arkansas · 1902
- Kenefick-Hammond Co. v. RohrSupreme Court of Arkansas · 1905
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