Chicago, Rock Island & Pacific Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; H. W. Wells, Judge; STATEMENT BY THE COURT. Harvey Smith, was injured while in the service of the Chicago, Rock Island & Pacific Railway Company by being struck on the shin by an eight-pound sledge hammer in the hands of a car repairer whom he was assisting in the work of repairing a defective car.
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Appeal from Dallas Circuit Court; H. W. Wells, Judge; STATEMENT BY THE COURT. Harvey Smith, was injured while in the service of the Chicago, Rock Island & Pacific Railway Company by being struck on the shin by an eight-pound sledge hammer in the hands of a car repairer whom he was assisting in the work of repairing a defective car. The hammer as alleged in the complaint had an imperfect striking surface and was defective for the use to which it was being put at the time the injury was received. Smith brought this suit against the railway company to recover damages for the injury. The…
1Opinion of the Court
Hart, J.,
(after stating the facts). The court gave the following instruction at the request of the plaintiff, which was objected to by the defendant.
“No. 2. You are instructed'that at the time of receiving the injury complained of, the defendant railway company owed to the plaintiff the duty of using ordinary care and diligence in providing for the safety of the plaintiff and his foreman a suitable and safe hammer for the purpose of doing the work in which they were engaged. The plaintiff while doing the work in which he was engaged did not assume the risk of any dangers from the use of said…
2Cases cited8 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- Grayson-McLeod Lumber Co. v. CarterSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. McEachinSupreme Court of Arkansas · 1933
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
- Fordyce Lumber Co. v. LynnSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. CobbsSupreme Court of Arkansas · 1921
- Missouri Pacific Railroad Company v. HendrixSupreme Court of Arkansas · 1925
13 more not listed; retrieve them via the Exa API.