Legal Opinion

Kansas City, Fort Scott & Memphis Railway Co. v. Becker

Supreme Court of Arkansas

Decided February 20, 1897PublishedCited by 14 opinions

Appeal from Craighead ' Circuit Court, Jonesboro District. Febix G. Tayeor, Judge. Appellee knew of the defect. He took the risk, and, on the evidence, the court should have directed the jury to return a verdict for defendant. 57 Ark. 461. See Shearman & Redf. Neg.

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Appeal from Craighead ' Circuit Court, Jonesboro District. Febix G. Tayeor, Judge. Appellee knew of the defect. He took the risk, and, on the evidence, the court should have directed the jury to return a verdict for defendant. 57 Ark. 461. See Shearman & Redf. Neg. (4 Rd.), sec. 11; 46 Ark. 555; 21 S. W. Rep. 648; 23 id. 643; 59 Tex. 22; 33 S. W. Rep. 722; 30 id. 759; 22 id. 162; 150 Mass. 423; 23- N. R. Rep. 227; 46 Ark. 567; 26 S. W. Rep. 592; 33 Kas. 660. The danger was obvious to the employee. 33 Kas. 660; Wood, Master & S. sec. 382; 1 Shearman & Redf. Neg. (4 Rd.), sec. 222; 2 Thompson,…

1Opinion of the CourtBattle, J.

This action was brought by William Becker against the Kansas City, Fort Scott & Memphis Railroad Company to recover damages for personal injuries. The plaintiff was a fireman in the service of the defendant, and was engaged in operating one of its trains between Thayer, Missouri, and Memphis, Tennessee. On the evening- of April 21, 1894, his engine, No. 30, with Georg"e Bennett as engineer, left Thayer for Memphis, and reached the latter place early in the morning of the next day, and, returning, left Memphis on the following evening, and reached Afton, Ark., at daylight the next morning,…

2Cases cited4 opinions

  1. McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
  2. St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
  3. St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
  4. Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1877

3Cited by14 opinions

  1. Klein v. MuhlhausenSupreme Court of Oklahoma · 1921
  2. Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
  3. Kansas City, Fort Scott & Memphis Railroad v. BeckerSupreme Court of Arkansas · 1899
  4. Wolfe, Admr. v. BaskinOhio Supreme Court · 1940
  5. Missouri Pacific Transportation Co. v. ParkerSupreme Court of Arkansas · 1940

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