St. Louis, Iron Mountain & Southern Railway Co. v. Robinson
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellee was injured on the Main ¡Street in the town of Gfurdon on April 28, 1913, by being run into or struck with .a bicycle, ridden by a .call boy in .the employ of the railway company, going ¡at the rate of from ten to fifteen miles an hour. It was his duty to call the different train crews as directed, there being three of four of them to be called each day.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. Appellee was injured on the Main ¡Street in the town of Gfurdon on April 28, 1913, by being run into or struck with .a bicycle, ridden by a .call boy in .the employ of the railway company, going ¡at the rate of from ten to fifteen miles an hour. It was his duty to call the different train crews as directed, there being three of four of them to be called each day. The division foreman on the ¡morning of the injury 'directed him to make calls of certain crews and while on his way to do this the injury was…
1Opinion of the Court
Kirby, J.,
(after stating the faets). Appellant contends that it is not liable for the injury ¡because the use of the bicycle by the call boy was not necessary to the service in which he was engaged, and it was not required to be used in such service upon his employment, and that the court erred in not directing a verdict in its favor.
The testimony is undisputed that the predecessors of this call boy had walked to the 'houses of the employees in performing his service and notified them of the time for their appearance for duty, and that all of the employees required to- be called by him lived…
2Cases cited1 opinion
- Robinson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1914
3Cited by12 opinions
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- Hughes v. Western Union Telegraph Corp.Supreme Court of Iowa · 1931
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