St. Louis, Iron Mountain & Southern Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Prank Smith, Judge; statement by the court. W. H. Davis was a brakeman in the employ of appellant. On the 22d day of August, 1908, he had charge of. the "switching list” -at Marianna, and in consequence thereof it was his duty to direct how the switching was to be done.
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Appeal from Cross Circuit Court; Prank Smith, Judge; statement by the court. W. H. Davis was a brakeman in the employ of appellant. On the 22d day of August, 1908, he had charge of. the "switching list” -at Marianna, and in consequence thereof it was his duty to direct how the switching was to be done. It was the duty of the other members of the crew, the engineer, fireman and brakeman, to follow the directions of Davis in making whatever switching was necessary in the yards at Marianna after the train arrived there that day. The train came into Marianna from the south, and was -cut in two in…
1Opinion of the CourtWood, J.
(after stating the facts). There was evidence to sustain a finding that appellant was negligent in causing the engine and tender to be. backed at an unusual speed, and also in leaving open the switch. While this was the negligence of the fellow servants of Davis, yet, under the act of March 8, 1907, this was negligence for which appellant was liable. Aluminum Company of North America v. Ramsey, 89 Ark. 522. But the undisputed evidence shows that the negligence of Davis concurred with the negligence of his fellow servant in producing the injury which resulted in his death, and such…
2Cases cited4 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Little Rock & Hot Springs Western Railroad v. McQueeneySupreme Court of Arkansas · 1906
3Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1910
- Arkansas Natural Gas Co. v. GallagherSupreme Court of Arkansas · 1914
- St. Louis Southwestern Railway Co. v. ConeSupreme Court of Arkansas · 1914