St. Louis & San Francisco Railroad v. Whayne
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The company is not responsible for the accident. Whayne had authority over the whole gang, and the rods were moved in the customary way. There being different methods to do the service, the company had a right to elect, and it was not negligence to so elect. 57 Ark. 76. No negligence is shown, and the custom was well known to plaintiff.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The company is not responsible for the accident. Whayne had authority over the whole gang, and the rods were moved in the customary way. There being different methods to do the service, the company had a right to elect, and it was not negligence to so elect. 57 Ark. 76. No negligence is shown, and the custom was well known to plaintiff. Id. 26-28; 97 Id. 486; 87 Id. 511-513; 89 Id. 50. 2. The removal of the rod was not the proximate cause of the injury. 86 Ark. 289; 91 Id. 260; 94 U. S. 475; Labatt on Master & Servant, § 142; 53…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, W. W., Whayne, was employed by defendant as a machinist to repair and overhaul engines at the roundhouse and machine shops at Fort Smith, Arkansas. He was injured while engaged at work, and instituted this action to recover damages.
A disabled engine was brought into the yards for repairs, and the side bars, or rods, as they are called, had been disconnected and loaded on top of the tender. This had been done while the engine was out on the line, and it became necessary to take them down, and then to replace them on the engine when the work of repair was complete. These rods…
2Cases cited2 opinions
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co. v. HarrisSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Central Flying Service v. CriggerSupreme Court of Arkansas · 1949
- St. Louis, Iron Mountain & Southern Railway Co. v. KimbrellSupreme Court of Arkansas · 1914
- Garrison v. WilliamsSupreme Court of Arkansas · 1969
- Seyfer v. Gateway Baking CompanyDistrict Court, W.D. Arkansas · 1958