Railway Co. v. Davis
Supreme Court of Arkansas
APPEAL from Ptdaski Circuit Court. Joseph W. Martin, Judge. Action by the widow and the next of kin of J. M. Davis against the St. Louis, Iron Mountain and Southern Railway Co. The complaint alleged that deceased, a brakeman in defendant’s service, while performing his duties at Bald Knob, Ark., in uncoupling a car, was, by reason of a defective and unsafe coupling and a dangerous and unblocked frog or switch, detained on the track longer than was usual or necessary, and was…
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APPEAL from Ptdaski Circuit Court. Joseph W. Martin, Judge. Action by the widow and the next of kin of J. M. Davis against the St. Louis, Iron Mountain and Southern Railway Co. The complaint alleged that deceased, a brakeman in defendant’s service, while performing his duties at Bald Knob, Ark., in uncoupling a car, was, by reason of a defective and unsafe coupling and a dangerous and unblocked frog or switch, detained on the track longer than was usual or necessary, and was run over by defendant’s cars and killed. In attempting to uncouple a car, deceased’s foot was-caught in an unblocked…
1Opinion of the CourtHemingway, J.
1. Risks assumed by brakeman —XJ nblocked frogs. Whether the defendant would have promoted the safety of its operatives by substituting upon its road blocked for unblocked frogs, and whether its duty of reasonable care exacted this, are questions that cannot affect the result in this case. The plaintiff charges negligence in the use of unblocked frogs, not because they were badly constructed, out of repair, or exposed operatives to latent dangers, but because a different kind of frog would have been less dangerous to operatives. Unblocked frogs were in universal use on the roads in „this…
2Cases cited7 opinions
- Sweeney v. . Berlin and Jones Envelope Co.New York Court of Appeals · 1886
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- McGinnis v. Canada Southern Bridge Co.Michigan Supreme Court · 1882
- Chicago, Rock Island & Pacific Railroad v. LonerganIllinois Supreme Court · 1886
- Wood v. LockeMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henry v. PhillipsTexas Supreme Court · 1912
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Chicago & Eastern Illinois Railroad v. HeereyIllinois Supreme Court · 1903
- Wabash Railroad v. RayIndiana Supreme Court · 1898
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
8 more not listed; retrieve them via the Exa API.