Malland v. Sims

(dissenting) — I dissent. I think the failure to give a warning signal made a case of negligence for the jury.

I do not think the cases cited support the position of the majority. In Memphis, D. & G. R. Co. v. Yandall, 123 Ark. 515, 185 S. W. 1096, a warning signal was given under such circumstances that the injured workman was deemed to have heard it. In McInerney v. President, etc., of Delaware & H. Canal Co., 151 N. Y. 411, 45 N. E. 848, the railroad company was exonerated from liability on the ground that the injured workman was a fellow servant of the train crew. In Campbell v. New York,…