St. Louis, Iron Mountain & Southern Railway Co. v. Yonley
Supreme Court of Arkansas
APPEAL from Pitlaski Circuit Court. J. W. Martin, Judge. Appellee sued appellant for the negligent burning of his property by persons employed by appellant to clear off its right of way. The facts are stated in the opinion.
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APPEAL from Pitlaski Circuit Court. J. W. Martin, Judge. Appellee sued appellant for the negligent burning of his property by persons employed by appellant to clear off its right of way. The facts are stated in the opinion. The statute cited in the opinion is as follows: “Sec. 1958. If any person shall willfully set on fire any woods, marshes, or prairies, whether his own or not, so as thereby to occasion any damage to any other person, such person shall make satisfaction in double damages to the person injured, to be recovered by civil action. “Sec. 1959- When an offense shall be committed…
1Per curiam
The question in this case is, whether Campbell was the servant of appellant, or whether he was an independent contractor. His employment was by letter of the road-master as follows:
“Little Rock, Ark., Nov. 27, 1887.
JE. A. Campbell, Redfield.
Dear Sir : — I will pay $25 per mile for cutting and clearing right of way from 89 mile post to 101 mile post. Want •all trees, bushes, logs, weeds, grass and all rubbish cleared ■off the right of way and burned. Yours truly,
C. Russell, R. M.”
Campbell, whose testimony is uncontradicted, says: “I accepted the offer and did the work under it. I hired my…
2Cases cited4 opinions
- Morgan v. BowmanSupreme Court of Missouri · 1856
- Callahan v. Burlington & Missouri River RailroadSupreme Court of Iowa · 1867
- Kellogg v. PayneSupreme Court of Iowa · 1866
- Heygood v. StateSupreme Court of Alabama · 1877
3Cited by18 opinions
- Humphries v. KendallSupreme Court of Arkansas · 1937
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
- Anderson v. Tug River Coal & Coke Co.West Virginia Supreme Court · 1906
- American Casualty Co. v. HarrisonDistrict Court, W.D. Arkansas · 1951
- Rogers v. ParkerMichigan Supreme Court · 1909
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