Ultima Thule, Arkadelphia & Mississippi Railway Co. v. Calhoun
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Comvay, Judge; 1. As to the Arkadelphia Lumber Company, there is nothing in the evidence to show any liability on its part. 2. The master is not an insurer of the safety of the servant, and negligence will not be presumed, but the burden of proof rests upon the party pleading it.
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Appeal from Clark Circuit Court; Joel D. Comvay, Judge; 1. As to the Arkadelphia Lumber Company, there is nothing in the evidence to show any liability on its part. 2. The master is not an insurer of the safety of the servant, and negligence will not be presumed, but the burden of proof rests upon the party pleading it. Before recovery can be had, the negligence charged must be shown to have been the proximate cause of the injury; and no presumption of negligence arises from the happening of the accident. 70 Ark. 481; 76 Ark. 436; 79 Ark. 437; 80 Ark. 68; 79 Ark. 608. An injury which could…
1Opinion of the CourtHirr, C. J.
This is a suit by Mary E. Calhoun in her own right and as next friend of her minor children against the Ultima Thule, Arkadelphia & Mississippi Railway Company and the Arkadelphia Lumber Company, for the death of her husband, P. J. Calhoun, which was caused, as she alleged, by the negligence of, said companies. She recovered judgment for $5,000, and the companies have appealed.
It appears that these two companies are owned by practically the same individuals. They are separate corporations, however closely connected. Some employees are in the common employ of both, and some are changed from…
2Cases cited4 opinions
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- Waters-Pierce Oil Co. v. KniselSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
- Ozan Lumber Co. v. BryanSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. ReedSupreme Court of Arkansas · 1909
- Mammoth Vein Coal Co. v. LooperSupreme Court of Arkansas · 1908
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