Railroad Co. v. Dial
Supreme Court of Arkansas
Appeal from Garland Circuit Court. A. M. Dueeie, Judge. .STATEMENT BY THE COURT. Appellant was making, up a train at its depot in the city of Hot Gprings. On the yard of the company, near the depot, .at a street crossing, a bridge spanned the track.
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Appeal from Garland Circuit Court. A. M. Dueeie, Judge. .STATEMENT BY THE COURT. Appellant was making, up a train at its depot in the city of Hot Gprings. On the yard of the company, near the depot, .at a street crossing, a bridge spanned the track. Appellee, a boy fifteen years of ag'e, was standing erect upon a freight car as it passed under the bridge, and, same being too low to admit of his passage in this position, he was struck upon the head, and knocked from the car,, receiving, a severe scalp wound, from which he suffered greatly, and. was permanently disfigured. He sues the company…
1Opinion of the Court
Wood, J.,
(after stating the facts). The controverted questions of fact are settled by the verdict in favor of appellee. Did the court declare the law in the following instruction : “ (2) That if you believe that Douis Dial got on the cars of the defendant, at the request of Hensley, to unset the brake of said car, and that Hensley knew at the time, or had sufficient time and opportunity to know, and ought to have known, that plaintiff, when standing on the top of one of the defendant’s cars, could not pass under the iron bridge without injury to himself, and did not warn plaintiff of the…
2Cases cited6 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
- Osborne v. Knox & Lincoln RailroadSupreme Judicial Court of Maine · 1877
- St. Louis, Iron Mountain & Southern Railway v. BennettSupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hogan v. State Industrial CommissionSupreme Court of Oklahoma · 1922
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- Henry Quellmalz Lumber & Manufacturing Co. v. HaysSupreme Court of Arkansas · 1927
3 more not listed; retrieve them via the Exa API.