St. Louis, Kennett & Southeastern Railroad v. Fultz
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; The deceased was a man of more than ordinary intelligence and had had experience in this work.
Read the full summary
Appeal from Clay Circuit Court, Eastern District; Frank Smith, Judge; The deceased was a man of more than ordinary intelligence and had had experience in this work. His act in voluntarily standing upon the drawhead of the moving.log loader running at the rate of five or six miles an hour, and in jumping off into the center of the track immediately in front of the loader instead of getting off at the side where a place had been provided, was negligence per se, and the court should have so held as a matter of law. 14 L. R. A. 552; 88 Ark. 20; 72 Ark. 440; 69 Ark. 489; 128 Fed. 529- 1. Whether…
1Opinion of the CourtBattue, J.
This action was brought by Belle Fultz, as administratrix of Amberson A. Fultz, deceased, against the St. Louis, Kennett & Southeastern Railroad Company, in the Clay Circuit Court for the Eastern District of Clay County, to recover damages for the alleged negligent killing of the deceased by the defendant.
Plaintiff alleged her cause of action, in part, as follows: “That on the 9th of July, 1907, the' said deceased was, and for a long time prior thereto, in the employ of the appellant railroad company in the operation of its trains, and on said date was employed as foreman of a logging crew in…
2Cases cited2 opinions
- Pittsburg Reduction Co. v. HortonSupreme Court of Arkansas · 1908
- Ultima Thule, Arkadelphia & Mississippi Railroad v. BentonSupreme Court of Arkansas · 1908
3Cited by8 opinions
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- St. Louis-San Francisco Railway Co. v. BryanSupreme Court of Arkansas · 1938
- Central Flying Service v. CriggerSupreme Court of Arkansas · 1949
- Garrison v. WilliamsSupreme Court of Arkansas · 1969
- Seyfer v. Gateway Baking CompanyDistrict Court, W.D. Arkansas · 1958
3 more not listed; retrieve them via the Exa API.