L. R. & F. S. Railway v. Townsend
Supreme Court of Arkansas
.APPEAL from JPulasJci circuit court. Hon. John Fletcher, Special Circuit Judge. An employe assumes the risks naturally incident to the 'business he engages to perform, and if he knows of defects in tools, machinery, or incompetency of co-servants, etc., and continues knowingly to use such tools, or in connection with such incompetent servants, he assumes the risk, etc. ■5 Ohio, 78; Wood on Master and S&rvant, secs. 326, -419 ; 106 Mass., 282 ; 88 HT.
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.APPEAL from JPulasJci circuit court. Hon. John Fletcher, Special Circuit Judge. An employe assumes the risks naturally incident to the 'business he engages to perform, and if he knows of defects in tools, machinery, or incompetency of co-servants, etc., and continues knowingly to use such tools, or in connection with such incompetent servants, he assumes the risk, etc. ■5 Ohio, 78; Wood on Master and S&rvant, secs. 326, -419 ; 106 Mass., 282 ; 88 HT. Y., 264; 55 Texas, 110; 74 Ind., 440 ; 55 Iowa, 671; 45 Mich., 212; 7 lit., App.130-, 14 Cent.JL. J., 178-9; Underhill on Torts, -57-8. There…
1Opinion of the CourtSmith, J.
This action against the railway company was-brought by John D. Townsend, who sues ás administrator of .John Willette, deceased.
The complaint alleges, in substance, that on and before the tenth day of October, 1881, John Willette was in the employ of defendant company as brakeman on one of their trains of cars.
That defendant’s railway, in the town of Conway, in Eaulkner county, was in a defective, unsafe and dangerous condition in this, that a culvert in the track in said town of •Conway was left uncovered, and the cross-ties overthe same had become rotten and unfit for use. That the company,…
2Cases cited3 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Railroad Co. v. BarronSupreme Court of the United States · 1867
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
3Cited by12 opinions
- Matter of Estate of ParsonsSupreme Court of Iowa · 1978
- Missouri, K. & T. Ry. Co. v. ForemanCourt of Appeals for the Eighth Circuit · 1909
- Adams v. ShellSupreme Court of Arkansas · 1930
- Saint Louis-San Francisco Rd. Co. v. PearsonSupreme Court of Arkansas · 1926
- Fithian v. St. Louis & S. F. Ry. Co.U.S. Circuit Court for the District of Western Arkansas · 1911
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