Fordyce v. Jackson
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Action b»y Dan C. Jackson against S. W. Bordyce and A. H. Swanson, receivers of the St. Louis, Arkansas & Texas Railway Company, to recover damages for injuries received in a railway accident. The facts are sufficiently stated in the opinion. 1. Plaintiff’s relation to the company does not warrant a recovery.
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Appeal from Lafayette Circuit Court. Action b»y Dan C. Jackson against S. W. Bordyce and A. H. Swanson, receivers of the St. Louis, Arkansas & Texas Railway Company, to recover damages for injuries received in a railway accident. The facts are sufficiently stated in the opinion. 1. Plaintiff’s relation to the company does not warrant a recovery. There was no special contract ; and if a passenger, he was not in the proper car, and took, the inherent risk. 47 Am. & B. R. Cases, 586 ; Beach on Cont. Neg. 55; Patterson, Ry. Ac. Law, 286 ; 1 A- & B. R. Cas. 79 ; 8 id. 396; 47 id. 492-4 ; Mansf.…
1Opinion of the CourtCock-riIvK, C. J.
The plaintiff was the messenger of the Southern Express Company engaged in conducting the express company’s business on the line of the appellants’ railway. The car provided by the railway for the use of the express company was derailed while the plaintiff was discharging his duties as express messenger, and he was injured in the wreck which followed. He recovered judgment for the personal injury, and it is argued by the appellants that his relation to the company does not warrant a recovery.
i. Liability express mes-
It is true there was no express contract between the plaintiff and the…
2Cases cited3 opinions
- Yeomans v. Contra Costa Steam Navigation Co.California Supreme Court · 1872
- Arkansas Midland Railway v. CanmanSupreme Court of Arkansas · 1889
- Railway Co. v. HopkinsSupreme Court of Arkansas · 1891
3Cited by24 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Perry v. Philadelphia, Baltimore & Washington Railroad Co.Superior Court of Delaware · 1910
- Vaughan v. StateSupreme Court of Arkansas · 1892
- Alexander v. Great Northern Ry. Co.Montana Supreme Court · 1916
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