Fordyce v. Edwards
Supreme Court of Arkansas
Appealed from Jefferson Circuit Court. John M. Elliott, Judge. In instructing the jury as to what constitutes contributory negligence, it was the duty of the court to give to the jury the standard of conduct required of plaintiff.
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Appealed from Jefferson Circuit Court. John M. Elliott, Judge. In instructing the jury as to what constitutes contributory negligence, it was the duty of the court to give to the jury the standard of conduct required of plaintiff. Instead of instructing the jury that plaintiff could recover if, while in the discharge of his duties, he was injured without “fault or negligence on his part,” the court should have told them that plaintiff was held to. the exercise of ordinary care and diligence. 42 S. W. (Ark.) 407; 65 N. W. (Mich.) 550; 60 Ark. 442. The instructions on the point of the degree of…
1Opinion of the CourtHughes, J.
This is an appeal from a judgment for appellee in the sum of five thousand dollars against the appellants. The case was appealed ¡once before, and was reversed and remanded for a new trial. The opinion is reported in 60 Ark.428.
The appellee was a locomotive engineer in the employment of appellant, and was injured by the derailment of the engine caused by striking a horse. He alleged in his complaint that his injury was caused by the negligence of the appellants in furnishing him with a locomotive the pilot of which was raised so high above the track that the locomotive was dangerous to…
2Cited by6 opinions
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Morgan v. YamadaHawaii Supreme Court · 1921
- St. Louis, Iron Mountain & Southern Railway Co. v. GoinsSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. YorkSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. FrittsSupreme Court of Arkansas · 1908
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