St. Louis, Iron Mountain & Southern Railway Co. v. Birch
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Instruction numbered one, given at plaintiff’s request, is erroneous in that it ignores the doctrine of assumed risk on the part of the employee.
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Appeal from Hempstead Circuit Court; Jacob M. Carter, Judge; Instruction numbered one, given at plaintiff’s request, is erroneous in that it ignores the doctrine of assumed risk on the part of the employee. When one enters the employ of another, he assumes the risks and hazards ordinarily incident to such employment, and is presumed to have contracted with reference thereto; and the master is not liable to him for injuries resulting from an accident which the master might not have prevented by the exercise of ordinary care and diligence. 35 Ark. 602; 41 Ark. 382; Id. 542; 54 Ark. 289; Id.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, F. R. Bircli, while working for the defendant railway company as switchman in the company’s yards" at Hope, Arkansas, received personal injuries alleged to have been caused by negligent acts of defendant’s servants, and he instituted the present action to recover damages for said injuries. A jury awarded him damages in the sum of $1,500, and the defendant appealed.
The injury occcurred in the following manner: The plaintiff was foreman of a switch engine, and was engaged in switching some box cars loaded with blocks of wood consigned to a heading mill at Hope. The door of one of…
2Cases cited4 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. ManganSupreme Court of Arkansas · 1908
- Mammoth Vein Coal Co. v. BublissSupreme Court of Arkansas · 1907
- Oregon R. R. & Nav. Co. v. BalfourCourt of Appeals for the Ninth Circuit · 1898
3Cited by13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
- Graham v. ThrallSupreme Court of Arkansas · 1910
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