Francis v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The record does not disclose upon what grounds the court took the case away from the jury. If it did so on the grounds that appellant assumed the risk, then its action was in the face of the statute.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. The record does not disclose upon what grounds the court took the case away from the jury. If it did so on the grounds that appellant assumed the risk, then its action was in the face of the statute. “Safety Appliance Act,” §§ 2, 8; 86 Ark. 244. 2. It could not legally take the case away from the jury on the grounds of contributory negligence because that is a question solely for the jury unless the undisputed facts are such as constitute contributory negligence. 82 Ark. 11; 87 Ark. 443; 90 Ark. 453; 91 Ark. 388; 93 Ark. 15; See…
1Opinion of the CourtMcCulloch, C. J.
Appellant sued the railroad company to recover damages on account of injuries received while in the latter’s service, and he appealed from an adverse judgment, the trial court having given a peremptory instruction to the’ jury to return a verdict in favor of the company.
Appellant was working in the railroad yards at Texarkana as switchman, and was injured while attempting to couple a car to the switch engine. The engine was equipped with an automatic coupler, which was found to be out of repair; and when appellant called his foreman’s attention to this condition, he was directed to remove the…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
3Cited by7 opinions
- National Annuity Ass'n v. McCallSupreme Court of Arkansas · 1912
- Edgar Hutcheson and Lena Hutcheson v. Frito-Lay, Inc.Court of Appeals for the Eighth Circuit · 1963
- Crockett v. Missouri Pacific R.R. Co.Supreme Court of Arkansas · 1929
- Mississippi River Fuel Corporation v. HamiltonSupreme Court of Arkansas · 1940
- Phoenix Utility Co. v. SmithSupreme Court of Arkansas · 1932
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