St. Louis, Iron Mountain & Southern Railway Co. v. Yates
Supreme Court of Arkansas
Appeal from White Circuit Court; Joseph M. Stay-ton, Special Judge; STATEMENT BY THE COURT. The complaint in this cause alleged that the plaintiff, Richard A. Yates, was employed by the St. Louis, Iron Mountain & Southern Railway Company on the 11th day of April, 1912; that the said railway company had employed the defendant, Virginia Bridge & Iron Company to do certain construction work in building a bridge, near Judsonia, Arkansas, and that the plaintiff was employed by…
Read the full summary
Appeal from White Circuit Court; Joseph M. Stay-ton, Special Judge; STATEMENT BY THE COURT. The complaint in this cause alleged that the plaintiff, Richard A. Yates, was employed by the St. Louis, Iron Mountain & Southern Railway Company on the 11th day of April, 1912; that the said railway company had employed the defendant, Virginia Bridge & Iron Company to do certain construction work in building a bridge, near Judsonia, Arkansas, and that the plaintiff was employed by tbe said railway company at tbe sum of $2.65 per day to work as a carpenter upon said bridge, and be was ordered and sent…
1DissentWood, J.
Instruction No. 2, given at the request of appellee, was abstract, therefore erroneous, and, in my opinion, was clearly prejudicial to appellant railway company. The framers of this instruction evidently had in mind, the doctrine often announced by this court, “that where a servant, by reason of his inexperience, is not aware of, or does not appreciate the dangers of the work he is employed to do, or to the place he is engaged to occupy, it is the duty of the master to give him such instructions and caution as would in the minds of men of ordinary understanding, he sufficient to enable the…
2Cases cited4 opinions
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- Emerson v. TurnerSupreme Court of Arkansas · 1910
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910
- Johnston v. PenningtonSupreme Court of Arkansas · 1912