St. Louis, Iron Mountain & Southern Railway Co. v. Boyles
Supreme Court of Arkansas
Appeal from Franklin Circuit Court; Jeptha H. Bvcms, Judge; STATEMENT BY THE COURT. Appellee was in the employ of appellant as “cable man” in a crew that was engaged in construction work on appellant’s roadbed. The crew used a construction train, consisting of an engine, tender, and three cars, and on the day appellee was injured the crew was engaged in hauling dirt and unloading it.
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Appeal from Franklin Circuit Court; Jeptha H. Bvcms, Judge; STATEMENT BY THE COURT. Appellee was in the employ of appellant as “cable man” in a crew that was engaged in construction work on appellant’s roadbed. The crew used a construction train, consisting of an engine, tender, and three cars, and on the day appellee was injured the crew was engaged in hauling dirt and unloading it. The train was on a side track, and was backing on to the main line at the rate of eight or ten miles an hour. The switch which connected the side track with the main line had not been thrown, so as to let the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) 1. Appellant in its brief contends that evidence of a conversation between the conductor and the engineer before the train started out in which the conductor asked the engineer “if he was not drunk,” and the engineer’s reply thereto, and of the appearance of the engineer, that “he seemed excited,” was improper and. prejudicial. The appellant does not abstract the evidence at all bearing upon the question of whether or not the conductor was negligent in allowing the engineer to start up and move the train and engine without first adjusting the switch so a£…
2Cases cited3 opinions
- Shorter University v. FranklinSupreme Court of Arkansas · 1905
- Koch v. KimberlingSupreme Court of Arkansas · 1892
- Carpenter v. HammerSupreme Court of Arkansas · 1905
3Cited by19 opinions
- Berkeley Pump Co. v. Reed-Joseph Land Co.Supreme Court of Arkansas · 1983
- Harrelson v. Eureka Springs Electric Co.Supreme Court of Arkansas · 1915
- De Queen & Eastern Railway Co. v. ThorntonSupreme Court of Arkansas · 1911
- Barnett Bros. v. Western Assurance Co.Supreme Court of Arkansas · 1916
- St. Louis Southwestern Railway Co. v. MyzellSupreme Court of Arkansas · 1908
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