Gilkey v. Louisiana & Arkansas Railway Co.
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Jacob M. Garter, Judge; 1. It was appellee’s duty to exercise ordinary care to provide appellant a reasonably safe place to ride upon the hand car. 97 Ark. 187; Id. 350; Id. 138. Also to give him proper instructions and warning of dangers. 90 Ark. 473; Id. 407; 73 Ark. 49. The presumption is, in the absence of instruction and warning of the danger, that appellant did not realize and appreciate the danger, and the burden of proof was on…
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Appeal from Columbia Circuit Court; Jacob M. Garter, Judge; 1. It was appellee’s duty to exercise ordinary care to provide appellant a reasonably safe place to ride upon the hand car. 97 Ark. 187; Id. 350; Id. 138. Also to give him proper instructions and warning of dangers. 90 Ark. 473; Id. 407; 73 Ark. 49. The presumption is, in the absence of instruction and warning of the danger, that appellant did not realize and appreciate the danger, and the burden of proof was on appellee to show that he did realize and appreciate it. 1 Labatt on Master & Servant, § 291. 2. Gilkey’s testimony shows…
1Opinion of the CourtHart, J.
Charlie Gilkey, a boy seventeen years of age, by his next friend, brought this action against the Louisiana & Arkansas Railway Company to recover damages for injuries sustained by him while in the company’s employment.
Charlie Gilkey detailed the manner in which he received his injuries, substantially as follows: “I have worked as section hand for the Louisiana & Arkansas Railway Company altogether for seven months. I first worked on the section three months and quit for three months. I commenced again and had been working for the company about four months at the time I was injured. Our…
2Cases cited4 opinions
- Mitchell v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Arkansas Land & Lumber Co. v. CookSupreme Court of Arkansas · 1923
- Roe v. St. Louis Southwestern Railway CompanySupreme Court of Arkansas · 1943