St. Louis, Iron Mountain & Southern Railway Co. v. Holmes
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in refusing to permit appellant to amend its answer so as to deny the employment of appellee by the company, and the authority of the conductor to employ him. 65 Ark. 422; 43 Ark. 451; 62 Ark. 262; 85 Ark. 217; 84 Ark. 37. If the conductor had no authority to employ him, appellant owed him no' duty as to providing safe appliances or making inspection of cars, and it would not be liable…
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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; 1. The court erred in refusing to permit appellant to amend its answer so as to deny the employment of appellee by the company, and the authority of the conductor to employ him. 65 Ark. 422; 43 Ark. 451; 62 Ark. 262; 85 Ark. 217; 84 Ark. 37. If the conductor had no authority to employ him, appellant owed him no' duty as to providing safe appliances or making inspection of cars, and it would not be liable for his injury unless wantonly or wilfully inflicted. 67 L. R. A. 701. 2. The court erred in refusing the eleventh…
1Opinion of the CourtMoCueeoch, J.
This is an action instituted by appellee against appellant railway company to recover damages for personal injuries alleged to have been received while working for appellant as brakeman. He alleges that he was a minor at the time of his injury, as well as at the time when he subsequently executed a release to appellant; and, as the jury found this to be true, we must treat it as an established fact, though the testimony on the point is conflicting. It is alleged in the complaint, and the evidence tended to show, that appellee was working as a brakeman on one of appellant’s freight trains, and…
2Cases cited15 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Nicklace v. DickersonSupreme Court of Arkansas · 1898
10 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Northwest Thresher Co. v. McNinchSupreme Court of Oklahoma · 1914
17 more not listed; retrieve them via the Exa API.