Haworth v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, (a) because the negligence, if any, causing plaintiff’s injuries was the negligence of a fellow-servant, for which, in the State of Arkansas, defendant is not liable; (b) because there was not sufficient proof of any negligence on defendant’s part to warrant the submission of the case to the jury. Sandels & Hill’s Digest, Laws of Ark.
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Appeal from Newton Circuit Court. — Hon. Henry C. Pepper, Judge. (1) The court should have sustained defendant’s demurrer to the evidence, (a) because the negligence, if any, causing plaintiff’s injuries was the negligence of a fellow-servant, for which, in the State of Arkansas, defendant is not liable; (b) because there was not sufficient proof of any negligence on defendant’s part to warrant the submission of the case to the jury. Sandels & Hill’s Digest, Laws of Ark. (1893), secs. 600, 6248 and 6249; Railroad v. Becker (Ark.), 39 S. W. 358; Railroad v. Gaines, 47 Ark. 555; Railroad v.…
1Opinion of the CourtGoode, J.
Haworth, the plaintiff, was hurt by being precipitated headlong from a handcar which was running on the line of the defendant’s railway, and instituted this action to recover damages for the injuries sustained.
He was a member of a gang of workmen about thirty-five in number, under the superintendency of James Dyson, whose business it was to ballast and repair the railroad track. Dyson called out his men one morning at the station of Decatur, Arkansas, and had eleven of them, including the plaintiff and himself, get on a handcar to go to a station named Gravett.
The handcar encountered a gravel…
2Cases cited14 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
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3Cited by15 opinions
- Smart v. Kansas CitySupreme Court of Missouri · 1907
- Carlson v. P. F. Collier & Son Corp.Washington Supreme Court · 1937
- Littledike v. WoodUtah Supreme Court · 1927
- Carter v. BaldwinMissouri Court of Appeals · 1904
- Bien v. St. Louis Transit Co.Missouri Court of Appeals · 1904
10 more not listed; retrieve them via the Exa API.