Saint Louis & North Arkansas Railroad v. Midkiff
Supreme Court of Arkansas
Appeal from Boone Circuit Court. Eldridge G. Mitchell, Judge. Wynne and appellee were fellow-servants. 63 Ark. 486. The injury was the result'of the risk assumed by appellee. 126 Eed. 3. The case should have been withdrawn from the jury. 149 U. S. 368; 155 Mo. 346; 63 N. Y. 499; 116 N. Y. 628; 120 N. Y. 323; 122 N. Y. 618; 29 Conn. 548; 138 Mass. 390; 66 Mich. 277; 10 Ind. 354. Appellee was guilty of contributory negligence. 62 Ark. 156, 164, 239; 57 Ark. 461; 69 Ark. 380;…
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Appeal from Boone Circuit Court. Eldridge G. Mitchell, Judge. Wynne and appellee were fellow-servants. 63 Ark. 486. The injury was the result'of the risk assumed by appellee. 126 Eed. 3. The case should have been withdrawn from the jury. 149 U. S. 368; 155 Mo. 346; 63 N. Y. 499; 116 N. Y. 628; 120 N. Y. 323; 122 N. Y. 618; 29 Conn. 548; 138 Mass. 390; 66 Mich. 277; 10 Ind. 354. Appellee was guilty of contributory negligence. 62 Ark. 156, 164, 239; 57 Ark. 461; 69 Ark. 380; 48 Ark. 106; 56 Ark. 437; 63 Ark. 128; 54 Ark. 431. • The closing remarks of appellee’s counsel were improper. 6 Ind.…
1Opinion of the CourtPIiUU, C. J.
Midkiff was a laborer, working under Bennett, a section foreman, and, while returning from his work on the railroad to Harrison on a hand car, was directed, in the presence of Bennett, by Wm. Wynne to get off and take up a signal flag. The speed of the hand car had been slackened, and Midkiff got off the side of a front corner of the car, and either from a jerk of the car, or stumbling, or both, lost his balance, and, after struggling about thirty feet, fell and was run over by the car. He was badly injured. Pie brought suit, and alleged negligence of the company in that the car was not…
2Cases cited1 opinion
- Fletcher v. EagleSupreme Court of Arkansas · 1905
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. DawsonSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Bayles v. DaughertySupreme Court of Arkansas · 1905
- Darling v. DentSupreme Court of Arkansas · 1907
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