St. Louis, Iron Mountain & Southern Railway Co. v. Sharp
Supreme Court of Arkansas
Appeal from Marion Circuit Court; George W. Reed, Judge; The evidence does not justify the giving of instruction 2. It was improper to submit to the jury the question whether the rule had been openly, continuously and habitually disregarded for a number of years, when the proof shows it had been in operation only a little over a year when Sharp was injured.
Read the full summary
Appeal from Marion Circuit Court; George W. Reed, Judge; The evidence does not justify the giving of instruction 2. It was improper to submit to the jury the question whether the rule had been openly, continuously and habitually disregarded for a number of years, when the proof shows it had been in operation only a little over a year when Sharp was injured. And the testimony ¡did not justify submitting to them the question whether the nonobservance of the rule was known to the ¡appellant or to Sharp’s superior officers, or wias of such a long period- and of so frequent occurrence as to…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff’s intestate, W. N. Sharp, worked for defendant railroad company in the yards at Newport, Arkansas, as car inspector and repairer; and, while in the discharge of his duties, received personal injuries from which death resulted on the following day. He was survived by his widow and two children, and this action was instituted by the widow, as administratrix of the estate, to recover damages resulting from decedent’s injury and death. Sharp was working underneath a freight car, repairing an air pipe called the train-line, when a car which was kicked in on the same track by the switch…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- El Dorado & Bastrop Railroad v. WhatleySupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. DupreeSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. ConartySupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. WirbelSupreme Court of Arkansas · 1913
3Cited by3 opinions
- Missouri Pacific Railroad Co. v. BarrySupreme Court of Arkansas · 1927
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1915