St. Louis, Iron Mountain & Southern Railway Co. v. Matthews
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judge. Common carriers are held to a strict accountability for the acts and defaults of their servants. 34 Ark. 613; 43 Ark. 298; 60 Ark. 381. It is against ,public policy to make any contract whereby the railroad company would be in any way hindered or restricted in the discharge of the duty which it owes to the public to employ only competent and careful servants.
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Appeal from Pulaski Circuit Court, First Division. Robert J. Lea, Judge. Common carriers are held to a strict accountability for the acts and defaults of their servants. 34 Ark. 613; 43 Ark. 298; 60 Ark. 381. It is against ,public policy to make any contract whereby the railroad company would be in any way hindered or restricted in the discharge of the duty which it owes to the public to employ only competent and careful servants. Such a contract is void. 22 W. Va. 600; 4 Humph. (Tenn.) 199; 4 Ohio, 400-419; 56 Me. 455; 4 H. L. Cas. 1; Greenhood, Public Policy, 126,306,316, 320; Bishop,…
1Opinion of the CourtBattle, J.
On or about the 18th day of May, 1894, W. J. Matthews instituted this action against the St. Louis, Iron Mountain & Southern Railway Company. The complaint filed in the action is as follows: “The plaintiff is by profession a locomotive engineer, and has been such for many years, and for over four years past he has been in the employment of the St. Louis, Iron Mountain & Southern Railway Company as such locomotive engineer, working under a contract, a copy of which is herewith filed and made part hereof. By article 1 of said contract it is provided: ‘No engineer shall be discharged or…
2Cases cited5 opinions
- Dean v. EmersonMassachusetts Supreme Judicial Court · 1869
- Peltz v. EicheleSupreme Court of Missouri · 1876
- Bolles v. SachsSupreme Court of Minnesota · 1887
- Harper v. HassardMassachusetts Supreme Judicial Court · 1873
- Corcoran v. Lehigh & Franklin Coal Co.Illinois Supreme Court · 1891
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- Griffin v. EricksonSupreme Court of Arkansas · 1982
- Jackson v. Kinark Corp.Supreme Court of Arkansas · 1984
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