St. Louis, Iron Mountain & Southern Railway Co. v. Andrews
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; George M. Chapline, Judge; There is no testimony in the record legally sufficient to sustain the verdict.
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Appeal from Lonoke Circuit Court; George M. Chapline, Judge; There is no testimony in the record legally sufficient to sustain the verdict. The burden was upon the plaintiff throughout to make out his case by a preponderance of the evidence, first, that he received his injuries by the accident of which he complains; second, that it occurred by reason of some defect in the ladder he was using; and, third, that this defect was known to defendant, or that its ignorance was due to negligence in failing to inspect or exercise proper care. In. neither event is there any presumption against the…
1Opinion of the CourtMcCulloch, J.
The plaintiff, J. B. Andrews, was employed by the defendant, St. Louis, Iron Mountain & Southern Railway Company, as assistant pump repairer, and sues to recover damages on account of an injury he received in falling from a ladder which he was descending on the side of a water tank. He was instructed by his superior to change the valves in the tank, and in doing so it became necessary to ascend the ladder to the top and go down to the bottom of the tank. After discharging all the water from the tank, he and his helper went into it and changed the valves, and when he started down the ladder on…
2Cases cited2 opinions
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Fordyce v. KeySupreme Court of Arkansas · 1905
3Cited by13 opinions
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1916
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