Young v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. It was the engineer’s duty to keep a lookout for appellant, and his failure to obey the rule as to ringing the bell was negligence. 123 S. W. 792; 62 Ark. 235; 127 S. W. 19; 101 S. W. 439; 43 L. R. A. 375. Since it was necessary for appellant to get down on the ground and put some part of his body in front of the engine or its wheels, it was negligence for the engineer to move the engine without…
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Appeal from Pulaski Circuit Court, Second Division; F. Guy Fulk, Judge; 1. It was the engineer’s duty to keep a lookout for appellant, and his failure to obey the rule as to ringing the bell was negligence. 123 S. W. 792; 62 Ark. 235; 127 S. W. 19; 101 S. W. 439; 43 L. R. A. 375. Since it was necessary for appellant to get down on the ground and put some part of his body in front of the engine or its wheels, it was negligence for the engineer to move the engine without warning after he had been notified that plaintiff was sparking the engine. 36 Ark. 607; 67 Ark. 377; 84 Ark. 380, 381. 2.…
1Opinion of the CourtHart, J.
Appellant brought this action against appellee to recover damages for personal injuries alleged to have been sustained by him, while in the employ of appellee, by reason of the negligence of a fellow servant. At the conclusion of the testimony, the court directed a verdict against him, and from the judgment rendered he has duly prosecuted an appeal to this court. Appellant had been in the employment of appellee for six years as a fireman. At the time he received the injuries complained of he was a fireman on a freight train. He had been with the engineer of the train for about six months.
The…
2Cases cited2 opinions
- Spencer v. Ohio & Mississippi Railway Co.Indiana Supreme Court · 1892
- Crane v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Kansas City Southern Railway Co. v. LarsenSupreme Court of Arkansas · 1938
- Missouri Pacific Railway Co., Thompson v. GuySupreme Court of Arkansas · 1941
- Missouri Pac. R. v. SpanglerCourt of Appeals for the Eighth Circuit · 1944