Marshall v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George M. Chapline, Judge; The court erred in directing a verdict for the defendant.. It was a question for the jury. 130 U. S. 652; 152 U. S. 107; 149 U. 5. 44; 2 Labatt, M. & S. 2377-80; 1 Ib. 814; 39 Ark. 491; 62 Ark. 69; 63 Ark. 94; 66 Ark. 363; 70 Ark. 230; 71 Ark. 305; Ib. 445. Failure to use due care to inspect the cars or to give notice of their defects, and also permitting cinders and clinkers to accumulate on the track, was…
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Appeal from Lonoke Circuit Court; George M. Chapline, Judge; The court erred in directing a verdict for the defendant.. It was a question for the jury. 130 U. S. 652; 152 U. S. 107; 149 U. 5. 44; 2 Labatt, M. & S. 2377-80; 1 Ib. 814; 39 Ark. 491; 62 Ark. 69; 63 Ark. 94; 66 Ark. 363; 70 Ark. 230; 71 Ark. 305; Ib. 445. Failure to use due care to inspect the cars or to give notice of their defects, and also permitting cinders and clinkers to accumulate on the track, was actionable negligence. 71 Ark. 159; 70 Ark. 295; 57 Ark. 377; 1 Labatt, M. & S. 337, 340; lb. 537-8. Notice must be sufficient…
1Opinion of the CourtMcCulloch, J.
Appellant, as administratrix of the estate of her deceased husband, C. R. Marshall, brought this action against appellee to recover damages by reason of his death, alleged to have been caused by the negligence of appellee. Deceased was a brakeman employed by appellee, and was killed by a train at Russellville, Ark., while he was coupling cars. Negligence of appellee was alleged in allowing the roadbed to become covered with piles of clinkers and cinders, and in allowing á drawhead and coupler on one of the cars which deceased was attempting to couple to become defective, and in allowing a…
2Cases cited11 opinions
- Arnold v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
- St, Louis, Iron Mountain & Southern Railway Co. v. TouheySupreme Court of Arkansas · 1899
- Yeaton v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1883
- Watson v. H. & T. C. R'y Co.Texas Supreme Court · 1883
- Chicago & Northwestern Railroad v. WardIllinois Supreme Court · 1871
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3Cited by3 opinions
- St. Louis Southwestern Railway Co. v. EllenwoodSupreme Court of Arkansas · 1916
- Ridenour v. LewisNebraska Supreme Court · 1931
- Chicago, Rock Island & Pacific Railway Co v. GrubbsSupreme Court of Arkansas · 1911