Chicago, Rock Island & Pacific Railway Co v. Grubbs
Supreme Court of Arkansas
Appeal from Ronoke Circuit Court; Eugene Lankford, Judge; Negligence in respect to loading the ties might be conceded, yet that would avail appellee nothing, since the loading of the ties was not the proximate cause of the accident. After they became disarranged en route, it was appellant’s duty to have them placed in proper order. This was one of the purposes for which appellee was employed.
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Appeal from Ronoke Circuit Court; Eugene Lankford, Judge; Negligence in respect to loading the ties might be conceded, yet that would avail appellee nothing, since the loading of the ties was not the proximate cause of the accident. After they became disarranged en route, it was appellant’s duty to have them placed in proper order. This was one of the purposes for which appellee was employed. In one sense it was his duty to make the place safe, and appellant could only have it made safe through the instrumentality of appellee or some other workman, and he assumed the hazards of his…
1Opinion of the CourtFraurnthal, J.
This was an action instituted by C. W. Grubbs, the plaintiff below, to recover damages for a personal injury which he sustained while in defendant’s employment, and which he alleged was caused .by defendant’s negligence. The defendant denied the allegations of negligence set out in the complaint, and pleaded as a bar to a recovery by plaintiff his alleged contributory negligence and his assumption of the risk of the injury. The jury returned a verdict in favor of the plaintiff, and from the judgment rendered thereon the defendant has appealed to this court.
Upon the trial of the case the…
2Cases cited13 opinions
- Grayson-McLeod Lumber Co. v. CarterSupreme Court of Arkansas · 1905
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- St, Louis, Iron Mountain & Southern Railway Co. v. TouheySupreme Court of Arkansas · 1899
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Jones v. SnappTennessee Supreme Court · 1851
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Texas Pipe Line Company v. JohnsonSupreme Court of Arkansas · 1925
- St. Louis Southwestern Railway Co. v. SmithSupreme Court of Arkansas · 1912
- H. D. Williams Cooperage Co. v. KittrellSupreme Court of Arkansas · 1913
- Great Western Land Co. v. BarkerSupreme Court of Arkansas · 1924
4 more not listed; retrieve them via the Exa API.