St. Louis, Iron Mountain & Southern Railway Co. v. Mangan
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Deceased assumed the risk as one of the hazards of the employment in which he was engaged; he had used the switch for a year, and knew of the conditions. The court should have given the peremptory instruction to find for defendant. 82 Ark. 14; 37 Minn. 326; 33 N. W. 908; 5 Am. St. 851; 108 Wis. 530; 53 S. R. A. 657; 35 W. Va. 500; 55 Ark. 483; 18 S. W. 933; 138 Ind. 290; 37 N. E. 721; 43 Am.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. Deceased assumed the risk as one of the hazards of the employment in which he was engaged; he had used the switch for a year, and knew of the conditions. The court should have given the peremptory instruction to find for defendant. 82 Ark. 14; 37 Minn. 326; 33 N. W. 908; 5 Am. St. 851; 108 Wis. 530; 53 S. R. A. 657; 35 W. Va. 500; 55 Ark. 483; 18 S. W. 933; 138 Ind. 290; 37 N. E. 721; 43 Am. St. 384; 87 Me. 352; 32 Atl. 965; 167 Pa. 220; 15 Mont. 290; 39 Pac. 85; 81 ' Ark. 343; 77 Id. 367; 56 Id. 232; 41 Id. 542; 54 Id. 389; 56 Id.…
1Opinion of the CourtHill, C. J.
John Mangan was a switchman in the employ of the appellant railroad company in its yards at Texarkana, and had been so employed for. three years. His usual duties at the time of his injury were on the night crew. Prior to the 4th of Noyember, 1905, he had been laying off for several days, the exact number not being shown. On said day he was called upon as extra switchman to do day work, owing to the absence of some of the day crew. Passenger train No. 5 came in the yards, and some switching had to be done, and a coach for negro passengers set out on track 21, and the train had to be prepared…
2Cases cited12 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Gowen v. HarleyCourt of Appeals for the Eighth Circuit · 1893
- International & Great Northern Railway Co. v. ReidenCourt of Appeals of Texas · 1908
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Johnson v. Mammoth Vein Coal Co.Supreme Court of Arkansas · 1908
- A. L. Clark Lumber Co. v. JohnsSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. BirchSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.