St. Louis Southwestern Railway Co. v. Plumlee
Supreme Court of Arkansas
Appeal from Monroe Circuit Court'; George M. Chapline, Judge; statement by the court. This was an action for damages for the alleged negligent killing of one Hopkins, who at the time of the killing was in the employ of appellant as a section hand, and working under the directions of its section foreman.
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Appeal from Monroe Circuit Court'; George M. Chapline, Judge; statement by the court. This was an action for damages for the alleged negligent killing of one Hopkins, who at the time of the killing was in the employ of appellant as a section hand, and working under the directions of its section foreman. The complaint alleged that it was the duty of appellant to furnish “safe tools and appliances and a safe place to work; that under the direction of the foreman four men were sent on an errand with a handcar; that the appellee’s intestate was inexperienced, having only worked on the line two…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Appellant’s counsel contend that witnesses Orear and Thompson were not competent to give an opinion that any particular condition of the handcar was a defect, nor as to what would be the result of operating a handcar with defects, until they had qualified themselves as experts.
Conceding, as this does, that a handcar is such a machine as requires expert testimony to determine what would be the effect of operating a defective one and what would be a defect in any particular condition of the car, we must say that the witnesses, in our opinion, have…
2Cases cited3 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
3Cited by5 opinions
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. WalkerSupreme Court of Arkansas · 1909
- Ft. Smith Light & Traction Co. v. SoardSupreme Court of Arkansas · 1906