Missouri & North Arkansas Railroad v. Clayton
Supreme Court of Arkansas
Appeal from Benton Circuit Court; 7. 5*. Maples, Judge; The act of the appellee in placing his foot on the rerailer was the direct proximate cause of the injury, and all the facts and circumstances, as well as the admissions of appellee and his knowledge of the hazard attending the work, go to make out a clear case of contributory negligence per se on his part, in unnecessarily placing his foot on the rerailer; and this negli■gence bars recovery, even if it be conceded that…
Read the full summary
Appeal from Benton Circuit Court; 7. 5*. Maples, Judge; The act of the appellee in placing his foot on the rerailer was the direct proximate cause of the injury, and all the facts and circumstances, as well as the admissions of appellee and his knowledge of the hazard attending the work, go to make out a clear case of contributory negligence per se on his part, in unnecessarily placing his foot on the rerailer; and this negli■gence bars recovery, even if it be conceded that the air was not working properly and that appellant was negligent in that respect. 77 Ark. 367; 86 Ark. 65, 68. While…
1Opinion of the CourtFrauRnthar, J.
This was an action instituted by I. G. Clayton, the plaintiff below, against the Missouri & North Arkansas Railroad Company to recover damages for a personal injury which he sustained on account, as he alleged, of the negligence of the defendant. The plaintiff was a conductor on one of defendant’s freight trains running from Fureka Springs to Leslie, and, while engaged in the performance of his duty in attempting to re-rail a derailed -box car at a point on the line of railroad known as Baker’s Switch, his left foot was caught ¡beneath the replacer and so severely crushed and injured that it…
2Cases cited3 opinions
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HutchinsonSupreme Court of Arkansas · 1912
- Southwestern Gas Electric Company v. MurdockSupreme Court of Arkansas · 1931
- Brakensiek v. NicklesSupreme Court of Arkansas · 1950
- Memphis, Dallas & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1919
- Blakemore v. StevensSupreme Court of Arkansas · 1934
2 more not listed; retrieve them via the Exa API.