Chicago, Rock Island & Pacific Railway Co. v. Payne
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hmdricks, Judge; 1. The evidence was not sufficient to justify the court in submitting to the jury the question as to whether or not the hernia was caused by the accident in which plaintiff was struck by a maul. The only witness was Doctor Reed, and his testimony is not definite enough to justify the jury in saying the hernia resulted from the accident.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hmdricks, Judge; 1. The evidence was not sufficient to justify the court in submitting to the jury the question as to whether or not the hernia was caused by the accident in which plaintiff was struck by a maul. The only witness was Doctor Reed, and his testimony is not definite enough to justify the jury in saying the hernia resulted from the accident. Í23 Ark. 124. 2. The release was binding and prevented a recovery. 102 Ark. 616; 115 Id. 123; 119 Id. 95; 117 Id. 524. 3. No negligence was proved warranting a recovery. It requires no…
1Opinion of the CourtWood, J.
The appellee, instituted this action against the appellant for damages for personal injuries.
The appellee, a carpenter and cabinet maker, was in the employ of the. appellant at its shops in North Little Rock. He was engaged' in safety appliance work and was in charge of such work. He had an assistant, usually called a knocker or helper. Safety appliance work requires the climbing up on cars, the fixing of grab irons, running boards, and things of that kind. Appellee was engaged in putting steel plates as a partial equipment on one of appellant’s cars, and while so engaged he was severely…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Fordyce Lumber Co. v. LynnSupreme Court of Arkansas · 1913
- Wells v. ShepardSupreme Court of Arkansas · 1918
- Arnold v. Doniphan Lumber Co.Supreme Court of Arkansas · 1917
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3Cited by2 opinions
- Southern Railway Co. v. CowanCourt of Appeals of Georgia · 1936
- Roberts v. Texas & Pacific Railway Co.Court of Appeals of Texas · 1971