Kansas City Southern Railway Co. v. Livesay
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The evidence is not .sufficient to support a verdict under the “Federal Employer’s Liability Act,” and the decisions of this court and the United States Supreme ■Court construing same. 233 U. S. 573; 234 Id. 725; 231 Id. 222; 229 Id. 265. Negligence must be proyed. 100 Ark. 467; 110 Id. 36. No negligence on the part of the company is proven. 105 Ark. 161; 102 Id. 581; 179 U. S. 658. The presence of the bolt, a…
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. The evidence is not .sufficient to support a verdict under the “Federal Employer’s Liability Act,” and the decisions of this court and the United States Supreme ■Court construing same. 233 U. S. 573; 234 Id. 725; 231 Id. 222; 229 Id. 265. Negligence must be proyed. 100 Ark. 467; 110 Id. 36. No negligence on the part of the company is proven. 105 Ark. 161; 102 Id. 581; 179 U. S. 658. The presence of the bolt, a bar, coal, etc., on top of the tank does not show negligence. 170 S. W. 948; 92 Atl. 178; 143 Pac. 1095.- 2. The master…
1Opinion of the CourtSmith, J.
Appellee was a fireman, and was so employed on an interstate train running from Heavener, Oklahoma, to points north in other States. It is alleged, and admitted, that he was engaged in interstate commerce at the time of his injury.. He claims that his injury, which was a rupture, occurred at the town of Salisaw, Oklahoma, on November 16,1913, at about 1:45 a. m. The train on which appellee was employed was an extra through freight. The train left Heavener at 6:40 p. m., and stopped at Spiro for orders and to take water, 'and its next stop was at Salisaw for water. After reaching Salisaw they…
2Cases cited1 opinion
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
3Cited by7 opinions
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- Crawfordsville Trust Co. v. NicholsSupreme Court of Arkansas · 1916
- Fort Worth & D. C. Ry. Co. v. SmithersCourt of Appeals of Texas · 1922
- Smithers v. Fort Worth & D. C. Ry. Co.Texas Commission of Appeals · 1925
- Mills v. RobertsSupreme Court of Arkansas · 1918
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