McGrory v. Ultima Thule, Arkadeiphia & Mississippi Railway Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; None of the employees who caused the trains to move were of the same grade with appellant, but were at the time of the action subject to his direct control. They were not fellow servants of appellant. Kirby’s Dig. § § 6658-6659; 65 Ark. 138; 67 Ark. 1; Id. 377; 70 Ark. 411. The doctrine of imputed negligence is applicable.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; None of the employees who caused the trains to move were of the same grade with appellant, but were at the time of the action subject to his direct control. They were not fellow servants of appellant. Kirby’s Dig. § § 6658-6659; 65 Ark. 138; 67 Ark. 1; Id. 377; 70 Ark. 411. The doctrine of imputed negligence is applicable. The movement of the trains was not expected by appellant at the time, and he neither consented to nor acquiesced in the same. 75 Ark. 30. 1. That the conductor has general control and management of his train is…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Patrick MoGrory, sues his employer, the Ultima Thule, Arkadelphia & Mississippi Railway Company, for damages resulting from physical injuries received while performing his duties, and alleged to be due to the negligence of other servants for whom the employer is claimed to be responsible. After all the testimony had been introduced, the trial court gave the jury a peremptory instruction to- return a verdict in favor of the defendant, and judgment was entered accordingly. Thus the only question presented here is whether the testimony was sufficient to warrant a verdict in favor…
2Cases cited2 opinions
- Quebec Steamship Co. v. MerchantSupreme Court of the United States · 1890
- St. Louis & San Francisco Railroad v. McFallSupreme Court of Arkansas · 1905
3Cited by4 opinions
- Graham v. ThrallSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. CobbSupreme Court of Arkansas · 1916
- Linemueller v. ArthurSupreme Court of Louisiana · 1910
- Hawkins v. Saint Louis & San Francisco RailroadMissouri Court of Appeals · 1915