St. Louis, Iron Mountain & Southern Railway Co. v. Hempfling
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Louis Hempfling was a brakeman in the employ of appellant. , On the night of the 22d of January, 1912, about 10 o’clock he left Argenta on a freight train consisting of coal cars and a caboose, going west to Spadra.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. Louis Hempfling was a brakeman in the employ of appellant. , On the night of the 22d of January, 1912, about 10 o’clock he left Argenta on a freight train consisting of coal cars and a caboose, going west to Spadra. After opening the switch, while in the discharge of his’ duty, he boarded the twelfth car from the caboose while the train was pulling out of Argenta, and in passing from the twelfth to the thirteenth ear, going towards the engine, where his duty called him, he fell between the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The issues in (he case, on the pleadings and facts adduced, were submitted to the jury upon correct declarations of law from the trial court, and the evidence was amply sufficient to sustain the verdict. If Hempfling was killed by reason of the negligence of appellant, as alleged in the complaint of the appellee, then there was no assumption of risk on the part of Hempfling, because such negligence was not one of the ordinary risks incident to his employment as a brakeman. The negligence in failing to exercise ordinary care to provide handholds or…
2Cases cited7 opinions
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Chesapeake & Ohio Railway Co. v. HeathSupreme Court of Virginia · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- Coates v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1891
- Bolen Darnall Coal Co. v. HicksCourt of Appeals for the Eighth Circuit · 1911
2 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- McCoy v. Quadrangle Development Corp.District of Columbia Court of Appeals · 1983
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
- Missouri Pac. Rd. Co. v. Ross, Admr.Supreme Court of Arkansas · 1937
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
24 more not listed; retrieve them via the Exa API.