Chicago, Rock Island & Pacific Railway Co. v. Pearce
Supreme Court of Arkansas
Appeal from Perry Circuit Court; G. W. Hendricks, Judge; The court erred in sustaining the demurrer to the special defense set up by appellant. This stipulation in the contract of employment is reasonable 'and just in its operation, is not inhibited by law, and is not against public policy. 82 Ark. 353; 63 Ark. 335; 67 Ark. 410; 89 Ark. 404; 90 Ark. 308; 80 Ark. 534; 94 Tenn. 94; 68 S. W. 549; 142 S. W. 826; 21 Wall.
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Appeal from Perry Circuit Court; G. W. Hendricks, Judge; The court erred in sustaining the demurrer to the special defense set up by appellant. This stipulation in the contract of employment is reasonable 'and just in its operation, is not inhibited by law, and is not against public policy. 82 Ark. 353; 63 Ark. 335; 67 Ark. 410; 89 Ark. 404; 90 Ark. 308; 80 Ark. 534; 94 Tenn. 94; 68 S. W. 549; 142 S. W. 826; 21 Wall. (U. S.) 268; 3 Wall. 107; 17 Id. 357; 7 Id. 386; 54 Ark. 222, 223; 111 Ark. 102. Many of the States have given approval to such an agreement by enacting laws requiring injured…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, while working in the service of defendant railway company (being engaged -at the time in interstate-commerce), received personal injuries caused by the negligent acts of one of his fellow-employees, and this is an action against the company to recover damages. There was a verdict in favor of the plaintiff, assessing ;a small sum as damages, and the -defendant appeals. The record -fails to show that the bill of exceptions was filed within the time allowed by the trial court, -and there i-s therefore nothing presented here for review which concerns the proceedings at the trial…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- McWhorter v. AndrewsSupreme Court of Arkansas · 1890
3Cited by3 opinions
- Smith Arkansas Traveler Co. v. SimmonsSupreme Court of Arkansas · 1930
- Panhandle & S. F. Ry. Co. v. BrooksCourt of Appeals of Texas · 1917
- Panhandle & S. F. Ry. Co. v. BrooksTexas Commission of Appeals · 1920