St. Louis, Iron Mountain & Southern Railway Co. v. Dupree
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judge; James Dupree sued the St. Louis, Iron Mountain & Southern Railway Company, alleging that he was employed by defendant to inspect its cars, and that while he was making an inspection under a car defendant’s employees kicked several cars violently against this car, causing the same to pass over plaintiff’s right arm and leg, so that plaintiff lost his right arm and suffered the partial loss of his right leg.
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Appeal from Lawrence Circuit Court; Frederick D. Fulkerson, Judge; James Dupree sued the St. Louis, Iron Mountain & Southern Railway Company, alleging that he was employed by defendant to inspect its cars, and that while he was making an inspection under a car defendant’s employees kicked several cars violently against this car, causing the same to pass over plaintiff’s right arm and leg, so that plaintiff lost his right arm and suffered the partial loss of his right leg. Defendant denied negligence on its part, and alleged that defendant was negligent. The jury returned a verdict for…
1Opinion of the CourtFlux, C. J.
In brief, the case was this: Dupree was a car inspector, engaged in inspecting cars of the railroad company at Hoxie. Arthur was an engine foreman in charge of the engine, switching, making up and breaking up trains in the Hoxie yards. He and Dupree were in different departments of service, and were not working together for a common purpose, and were therefore not fellow servants, within the meaning of sections 6658-60, Kirby’s Digest. There were two kinds of inspection for cars, one called intermediate inspection, which was a general inspection without going into particular defects, and…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- Western Coal & Mining Co. v. JonesSupreme Court of Arkansas · 1905
3Cited by13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
- Sullivan v. WakefieldOregon Supreme Court · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. MartinSupreme Court of Arkansas · 1924
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