St. Louis, Iron Mountain & Southern Railway Co. v. Caraway
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Arren Hughes, Judge; Plaintiff cannot recover for injuries received while working voluntarily, and in violation of the rules of the company, in a position not required by his duties. 3 Elliott, Railroads, § § 1303, 1313; 1 Rabatt, Master and Servant, 843; 70 Ark. 606; 41 Ark. 547. Failure to obey the rules of the company will defeat a recovery by the injured employee, if the injury was the proximate result of his disobedience. 3 Elliott,…
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Appeal from Craighead Circuit Court; Arren Hughes, Judge; Plaintiff cannot recover for injuries received while working voluntarily, and in violation of the rules of the company, in a position not required by his duties. 3 Elliott, Railroads, § § 1303, 1313; 1 Rabatt, Master and Servant, 843; 70 Ark. 606; 41 Ark. 547. Failure to obey the rules of the company will defeat a recovery by the injured employee, if the injury was the proximate result of his disobedience. 3 Elliott, Railroads, § 1282, and cases cited; 51 Ark. 467; 45 Ark. 318; 51 Miss. 641; 50 Wis. 66. The rule will be presumed to be…
1Opinion of the CourtMcCulloch, J.
This is an action brought by the administrator of the estate of LI. A. Stephenson, deceased, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for the alleged negligent killing of said decedent by the train of defendant. Damages were laid in the sum of $25,000, and the jury returned a verdict in favor of the plaintiff for $2,000 to the estate for pain and suffering endured by the decedent after he was struck by the train, and $8,000 for the benefit of the widow and child of decedent.
Stephenson was employed by the railway company as brakeman on a through…
2Cases cited11 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Central Railroad v. DeBraySupreme Court of Georgia · 1883
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Clay v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1908
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Fitzgerald v. International Flax Twine Co.Supreme Court of Minnesota · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. DupreeSupreme Court of Arkansas · 1907
12 more not listed; retrieve them via the Exa API.