St. Louis, Iron Mountain & Southern Railway Co. v. Rogers
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. The evidence fails to show such negligence as to make the company liable, and does show an assumed risk and such negligence on part of plaintiff as to preclude recovery. Negligence must be shown affirmatively. 79 Ark. 76; 57 Ark. 461; 26 Cyc. 1202-3-4; 116 Fed. 627; 106 Fed. 645; 1 Am.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; 1. The evidence fails to show such negligence as to make the company liable, and does show an assumed risk and such negligence on part of plaintiff as to preclude recovery. Negligence must be shown affirmatively. 79 Ark. 76; 57 Ark. 461; 26 Cyc. 1202-3-4; 116 Fed. 627; 106 Fed. 645; 1 Am. St. 22. Contributory negligence bars a recovery. 63 Ark. 427. 2. Specific objections were made to those instructions which direct a verdict for plaintiff when the question of assumed risk was entirely ignored. 20 S. W. 271; 81 Id. 204; 77 Ark. 307; 87…
1Opinion of the CourtMcCurroch, C. J.
Plaintiff, Clyde Rogers, recovered judgment against the railway company for damages in the sum of $25,000 as compensation for personal injuries received while working for the company as brakeman on a freight train. In attempting to mount a moving box car the stirrup or step into which he placed his foot on the side of the car turned, his foothold gave way, and he fell under the wheels, and both legs were so badly crushed that they had to be amputated. This occurred at Tuckerman, Arkansas, about nightfall, or between sundown and dark. Some of the witnesses say it was still light enough to see,…
2Cases cited26 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
21 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Advocat, Inc. v. SauerSupreme Court of Arkansas · 2003
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Louisville & N. R. R. v. WilliamsSupreme Court of Alabama · 1913
- Chicago, Indianapolis & Louisville Railway Co. v. StierwaltIndiana Court of Appeals · 1926
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