Choctaw, O. & G. R. v. Holloway
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. In the early morning of October 30, 3900, while it was yet dark, a road engine of the Choctaw, Oklahoma & Gulf Railroad Company collided with a horse which was caught in a trestle as the engine was backing, tender foremost, from Brinkley to Hulbert, and injured Will Holloway, the defendant in error.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of Arkansas. In the early morning of October 30, 3900, while it was yet dark, a road engine of the Choctaw, Oklahoma & Gulf Railroad Company collided with a horse which was caught in a trestle as the engine was backing, tender foremost, from Brinkley to Hulbert, and injured Will Holloway, the defendant in error. There was no light on the forward end of the tender, and no employe there to warn of danger. There was no brake on the engine, although there was a brake upon the tender. Holloway was a fireman working on the…
1Opinion of the CourtSanborn, Circuit Judge
Actionable negligence is a breach of duty. Where there is no breach of duty, there is no negligence, and there can be no recovery. It is not the duty of the master to furnish his servants with reasonably safe appliances, machinery, tools, or working places, or to keep them in a reasonably safe condition of repair. His failure to do .so is not the breach of any duty, and it furnishes no -basis for an action of negligence. The limit of his duty here is to exercise ordinary and reasonable care, having regard to the hazards of the service, to provide his employés with reasonably safe appliances,…
2Cases cited40 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Brown v. PiperSupreme Court of the United States · 1875
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- Vicksburg & Meridian Railroad v. O'BrienSupreme Court of the United States · 1886
- Grand Trunk Railway Co. v. CummingsSupreme Court of the United States · 1883
35 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Miller v. Union Pacific R. Co.Supreme Court of the United States · 1933
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Miller v. PriceSupreme Court of Oklahoma · 1934
- Washington Hospital Center v. ButlerCourt of Appeals for the D.C. Circuit · 1967
- Union Pac. R. Co. v. FieldCourt of Appeals for the Eighth Circuit · 1905
31 more not listed; retrieve them via the Exa API.