Legal Opinion

Shumacher v. St. Louis & S. F. R.

U.S. Circuit Court for the District of Western Arkansas

Decided June 8, 1889PublishedCited by 8 opinions

At Law. This is a suit against defendant for damages, plaintiff claiming in his original complaint that he was injured by the negligence and carelessness of defendant in not providing suitable and proper brakes for defendant’s cars; that he was on a gravel train of defendant as an employe; that he was so injured by defendant, while its employés were engaged in switching cars, by reason of defective brakes with which said cars were supplied by defendant.

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At Law. This is a suit against defendant for damages, plaintiff claiming in his original complaint that he was injured by the negligence and carelessness of defendant in not providing suitable and proper brakes for defendant’s cars; that he was on a gravel train of defendant as an employe; that he was so injured by defendant, while its employés were engaged in switching cars, by reason of defective brakes with which said cars were supplied by defendant. In the amended supplemental complaint plaintiff says the injury to him was caused by the defendant through its agents, who so negligently and…

1Opinion of the Court

Parker, J.,

(after stating the facts as above.) How did the employes of the defendant, or, more properly speaking, the conductor, as he was in charge of that train, and responsible for its management, make the switch at the time of the accident? The evidence shows that the engine and four loaded cars, they being loaded with gravel, were stopped on the main track. The engine was detached and run up the road to pass a switch, and when it was run past this switch it was backed and attached to 10 cars loaded with gravel which were standing on the switch. It was then run far enough up a steep grade…

2Cases cited3 opinions

  1. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  2. Bamberger v. TerrySupreme Court of the United States · 1881
  3. St. L., I. M. & S. R'y Co. v. LedbetterSupreme Court of Arkansas · 1885

3Cited by8 opinions

  1. Alabam Freight Lines v. Phoenix Bakery, Inc.Arizona Supreme Court · 1946
  2. St. Louis S. F. R. Co. v. Model LaundrySupreme Court of Oklahoma · 1913
  3. Fort Worth Elevator Co. v. RussellCourt of Appeals of Texas · 1930
  4. Lowry v. Mt. Adams & Eden Park Incline Plane Ry. Co.U.S. Circuit Court for the District of Southern Ohio · 1895
  5. Pueblo v. Telmaín EscaleraSupreme Court of Puerto Rico · 1933

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