Missouri & North Arkansas Railroad v. Edwards
Supreme Court of Arkansas
Appeal from Carroll Circuit. Court, Western District ; J. S. Maples, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injury, alleged to have been caused by the negligence of the railroad company in the use of a defective glass water gauge, or one not properly protected by wire netting. It denied any negligence on its part and pleaded assumption of risk in bar to appellant’s right to recover.
Read the full summary
Appeal from Carroll Circuit. Court, Western District ; J. S. Maples, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injury, alleged to have been caused by the negligence of the railroad company in the use of a defective glass water gauge, or one not properly protected by wire netting. It denied any negligence on its part and pleaded assumption of risk in bar to appellant’s right to recover. It appears that appellee was a locomotive fireman, thirty-three years of age, of three years’ experience, and was making at the time of the injury $106 per month; that he had been…
1Opinion of the Court
Kirby, «L,
(after stating the facts). It is insisted by appellant that the testimony does not disclose any negligence on its part in furnishing the water glass in use upon the engine, and that the appellee assumed the risk of operating the engine with it, as furnished, and therefore was not liable for the injury occasioned by the explosion.
The testimony shows that the Baldwin water glass shield in use on the engine at the time of the explosion of the water glass and injury to appellee was a recognized type in use upon many railroads and regarded as a good shield, and by many as the most…
2Cases cited9 opinions
- Sappenfield v. Main Street & Agricultural Park RailroadCalifornia Supreme Court · 1891
- Titus v. Bradford etc. R., Pennsylvania Court of Common Pleas, McKean County1890
- Harley v. Buffalo Car Manufacturing Co.New York Court of Appeals · 1894
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Pekin Stave & Manufacturing Co. v. RameySupreme Court of Arkansas · 1912
4 more not listed; retrieve them via the Exa API.