St. Louis, Iron Mountain & Southern Railway Co. v. Waggoner
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. On the 27th day of September, 1912, C. J. Lincoln Company shipped over appellant’s line of railway an empty alcohol barrel to Walter Priest, who lived at Ward, a station on appellant’s line. There was nothing on the waybill to show that the barrel had had inflammables in it.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. On the 27th day of September, 1912, C. J. Lincoln Company shipped over appellant’s line of railway an empty alcohol barrel to Walter Priest, who lived at Ward, a station on appellant’s line. There was nothing on the waybill to show that the barrel had had inflammables in it. The barrel was sent by the shipping clerk of C. J. Lincoln Company to the depot of appellant company at Little Rock, and it was received there by the appellant and shipped over its line to Ward. It arrived at Ward on the 28th. Appellant’s…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court was correct in refusing to tell the jury that the act of the appellee, Neal Waggoner, in lighting the match and placing the same over the barrel, was the proximate cause of the injury. Neal Waggoner was only ten years of age, and it would not be correct to say, as a matter of law, that one of such tender age was guilty of contributory negligence, or that his act, which was the immediate cause of the explosion, was a new and independent force producing the injury and the proximate cause thereof so as to relieve the appellant of liability, provided…
2Cases cited4 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Nashville Lumber Co. v. BusbeeSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. WilliamsSupreme Court of Arkansas · 1911
3Cited by6 opinions
- Foster v. LuskSupreme Court of Arkansas · 1917
- Arkansas Power & Light Co. v. KilpatrickSupreme Court of Arkansas · 1932
- Missouri Pacific Railroad v. LesterSupreme Court of Arkansas · 1951
- Kansas City Southern Ry. Co. v. McDanielCourt of Appeals for the Eighth Circuit · 1942
- Sinclair Refining Company v. GraySupreme Court of Arkansas · 1935
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