Arkansas Midland Railroad v. Pearson
Supreme Court of Arkansas
Appeal from. Phillips Circuit Court; Hcmce N. Hutton, Judge; STATEMENT BY THE COURT. This suit was brought by appellee to recover damages for the benefit of the widow and next of kin and the estate, for the wrongful death of 'his intestate, caused, it was alleged, by the failure to furnish him proper medical and surgical attention.
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Appeal from. Phillips Circuit Court; Hcmce N. Hutton, Judge; STATEMENT BY THE COURT. This suit was brought by appellee to recover damages for the benefit of the widow and next of kin and the estate, for the wrongful death of 'his intestate, caused, it was alleged, by the failure to furnish him proper medical and surgical attention. It was alleged that the deceased, Jack Campbell, while in the discharge of his duties as conductor of a freight train on appellant’s road, known as the accommodation, running from Helena to Clarendon and return, jumped or fell from the top of one of the box cars on…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted 'by appellant that it was not maintaining its hospital department and employing physicians with the expectation of deriving any gain or profit therefrom, and that it was only liable, in furnishing medical attention to deceased, to use reasonable and ordinary care in the selection of competent and skilled physicians to administer it, and not for the negligence or malpractice of such physicians so selected; and by appellee that since said railroad company employed its physicians and maintained and supported its hospital by deductions made from…
2Cases cited5 opinions
- Fire Insurance Patrol v. BoydSupreme Court of Pennsylvania · 1888
- Union Pac. Ry. Co. v. ArtistCourt of Appeals for the Eighth Circuit · 1894
- Louisville & Nashville R. R. v. FoardCourt of Appeals of Kentucky · 1898
- Big Stone Gap Iron Co. v. KetronSupreme Court of Virginia · 1903
- Cummings v. Chicago & Northwestern Railway Co.Illinois Supreme Court · 1901
3Cited by37 opinions
- Márquez Vega v. Martínez RosadoSupreme Court of Puerto Rico · 1985
- Crossett Health Center v. CroswellSupreme Court of Arkansas · 1953
- Inderbitzen v. Lane HospitalCalifornia Court of Appeal · 1932
- Runyan v. GoodrumSupreme Court of Arkansas · 1921
- Andrews v. Y.M.C.A.Supreme Court of Iowa · 1939
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