Legal Opinion

Choctaw, Oklahoma & Gulf Railroad v. Thompson

Supreme Court of Arkansas

Decided February 11, 1907PublishedCited by 22 opinions

Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; 1. The court erred in refusing to direct a verdict for defendant.

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Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; 1. The court erred in refusing to direct a verdict for defendant. The proximate cause of the injury was plaintiff’s own contributory negligence. 108 Fed. 747; 128 Id. 529; 144 Id. 668; 70 Ark. 603; 51 Id. 467-; 53 Id. 117; 54 Id. 389. 2. It was error to refuse to allow defendant to introduce the application for employment by plaintiff. 3. The court erred in admitting incompetent testimony on the part of plaintiff as to violation of rules. 1 Labatt, Master & Servant, p. 516; 20 Am. & Eng. Enc. Law, p. 106. 4. There was error in the…

1Opinion of the CourtMcCurroch, J.

The plaintiff, H. J. Thompson, was employed as brakeman by the defendant, Choctaw, Oklahoma & Gulf Railroad Company, and instituted. this action in the circuit court of Logan County to recover damages for injuries received while at work coupling cars for defendant in its yards at Oklahoma City in Oklahoma Territory. His leg was run over and mashed, so that it became necessary to amputate it below the knee, and the jury returned a verdict in his favor, assessing his damages in the sum of six thousand dollars. His train (a work train) was made up in the yard for a trip, and he was directed by…

2Cases cited19 opinions

  1. Davidson v. . CornellNew York Court of Appeals · 1892
  2. Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
  3. Davis v. RailwaySupreme Court of Arkansas · 1890
  4. Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
  5. L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886

14 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
  2. St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
  3. Graham v. ThrallSupreme Court of Arkansas · 1910
  4. Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
  5. McEachin v. YarboroughSupreme Court of Arkansas · 1934

17 more not listed; retrieve them via the Exa API.

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