St. Louis, Iron Mountain & Southern Railway Co. v. Pell
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; statement by the court. Harry Pell, a minor eighteen years of age, by his next friend, Frederick Pell, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for personal injuries alleged to have been received by being forcibly ejected from a moving freight train by a brakeman in the employ of the railroad company.
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Appeal from Franklin Circuit Court, Ozark District; Jeptha H. Evans, Judge; statement by the court. Harry Pell, a minor eighteen years of age, by his next friend, Frederick Pell, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for personal injuries alleged to have been received by being forcibly ejected from a moving freight train by a brakeman in the employ of the railroad company. The evidence, as detailed by Harry Pell and his companion, was that thej were stealing a ride on one of defendant’s freight trains from Little Rock to Hot…
1Opinion of the CourtHart, J.
(after stating the facts.) At the conclusion of the testimony counsel for appellant asked the court to direct the jury to return a verdict in its' favor, and insists that there was reversible error in refusing his request.
In the case of St. Louis, Iron Mountain & Southern Railway Company v. Grant, 75 Ark. 579, it was held that “an assault committed by an employee of a railroad company in the course of his employment, for the purpose of advancing its interests, and in pursuance of his real or apparent agency, is an act done within the scope of his employment, for which the railroad company…
2Cases cited4 opinions
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- Kansas City, Fort Scott & Memphis Railroad v. SokalSupreme Court of Arkansas · 1895
- St. L., I. M. & S. Ry. v. HendricksSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. BobackSupreme Court of Arkansas · 1903
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. EarleSupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. WombleSupreme Court of Arkansas · 1917
- St. Louis & San Francisco Railroad v. Van ZantSupreme Court of Arkansas · 1912
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