Prescott & Northwestern Railway Co. v. Henley
Supreme Court of Arkansas
Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee instituted this suit against the appellant, and alleged in his complaint that he was in the employ of appellant as a water carrier and errand boy for a section crew operating on appellant’s road and was provided by appellant with a hand car as a means of transportation; that the place designated for him to stand was on the front of the hand car; that while so standing, and as the…
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Appeal from Pike Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee instituted this suit against the appellant, and alleged in his complaint that he was in the employ of appellant as a water carrier and errand boy for a section crew operating on appellant’s road and was provided by appellant with a hand car as a means of transportation; that the place designated for him to stand was on the front of the hand car; that while so standing, and as the car was being run by the section crew, it was suddenly lurched with such force that appellee was thrown to the ground and…
1Opinion of the Court
Wood, J.,
(after stating the facts). The appellant contends that the court erred in telling the jury that if the hand car was defective in the particulars alleged and that these defects caused or contributed to cause the injury, the appellant was guilty of negligence.
Learned counsel for appellant insists that under the allegations of the pleadings and the evidence appellee’s injury could only have been produced by the negligence of appellant as alleged in the complaint, or by the negligence of the appellee as set up in the answer, or by the negligence of the appellant and the concurring…
2Cited by2 opinions
- Missouri Pacific Railroad v. WarrickSupreme Court of Arkansas · 1924
- Hale & Scott v. LuskSupreme Court of Arkansas · 1917