Mills v. Roberts
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE EAOTS. This action was brought by the appellee against the appellant to recover damages for personal injuries alleged to have been sustained by the appellee while he was in the employ of the appellant as a brakeman. The appellee alleges in substance that on the 6th day of April, 1916, the appellant, as receiver of the Ft. Smith & Western Ry.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT OE EAOTS. This action was brought by the appellee against the appellant to recover damages for personal injuries alleged to have been sustained by the appellee while he was in the employ of the appellant as a brakeman. The appellee alleges in substance that on the 6th day of April, 1916, the appellant, as receiver of the Ft. Smith & Western Ry. Co., was operating the railroad and engaged at the time in the carriage of commerce from Oklahoma to the State of Arkansas and other States; that when the train on…
1Opinion of the Court
Woon, J.,
(after stating the facts).- As to whether or not appellant was negligent, and whether or not appellee was guilty of contributory negligence or assumed the risk, were, under the evidence, issues of fact for the jury. The testimony on behalf of the appellee tended to show that a coal car was left on the side track at a point so close to the main line track that the appellee in stepping off the engine on the main line in the performance of his duty as brakeman struck this car which caused the injuries of which he complained. The evidence tended to prove that if the coal car had been…
2Cases cited6 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Texas & Pacific Railway Co. v. BarrettSupreme Court of the United States · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- St. Louis Southwestern Railway Co. v. LewisSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Chesapeake & O. Ry. Co. v. MearsCourt of Appeals for the Fourth Circuit · 1933
- Bumpas v. Sinclair Refining Co.Supreme Court of Arkansas · 1935