St. Louis, Iron Mountain & Southern Railway Co. v. Howard
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; T. C. Trimble, Judge; STATEMENT BY THE COURT. In October, 1914, appellee was in the employ of the appellant as fireman on one of its engines. Appellee, while engaged in his work on one of the engines that had been sent to help clear the track of a derailed train, was sitting on his seatbox watching for signals that the engineer was unable to see on his side of the engine because of a curve at that point in the track.
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Appeal from Lonoke Circuit Court; T. C. Trimble, Judge; STATEMENT BY THE COURT. In October, 1914, appellee was in the employ of the appellant as fireman on one of its engines. Appellee, while engaged in his work on one of the engines that had been sent to help clear the track of a derailed train, was sitting on his seatbox watching for signals that the engineer was unable to see on his side of the engine because of a curve at that point in the track. The engine had gotten behind the ears and was pushing them up in the yards. The fire was low .and appellee stepped back toward the tank. As he…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) Appellant contends that appellee’s fourth prayer for instruction made appellant an insurer of the safety of the appellee, but such was not the effect of the instruction. In the first part of the instruction the court correctly defined the distinction between contributory negligence and the assumption of risk, .and correctly told the jury that such dangers as were normally and necessarily incident to the employment are assumed 'by the employee, but that such risks as arose out of the failure of the employer to exercise due care to provide a safe place of…
2Cases cited4 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- St. Louis, Iron Mountain & Southern Railway Co. v. BirchSupreme Court of Arkansas · 1909
3Cited by2 opinions
- Southern Railway Co. v. WessingerCourt of Appeals of Georgia · 1924
- Bellville Land & Lumber Co. v. BradshawSupreme Court of Arkansas · 1917