Woodson v. Prescott & Northwestern Railway Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The first instruction asked by plaintiff should have been given. 67 Ark. 306; 82 Id. 372; 83 Id. 318; 157 U. S. 72; Bailey on Master and Servant, p. 101. 2. The third and fourth instructions given for defendant were erroneous. 77 Ark. 9. 3. The tenth instruction was clearly erroneous. 1. The modification of the first instruction given for plaintiff was proper. 2. The burden was on plaintiff to show injury by reason…
Read the full summary
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The first instruction asked by plaintiff should have been given. 67 Ark. 306; 82 Id. 372; 83 Id. 318; 157 U. S. 72; Bailey on Master and Servant, p. 101. 2. The third and fourth instructions given for defendant were erroneous. 77 Ark. 9. 3. The tenth instruction was clearly erroneous. 1. The modification of the first instruction given for plaintiff was proper. 2. The burden was on plaintiff to show injury by reason of the alleged defects. These defects were known to the company, or could have been known by the exercise of reasonable…
1Opinion of the CourtFrauenthae, J.
The plaintiff, Edgar Woodson, was in the employ of the defendant, the Prescott & Northwestern Railway Company, as a fireman on one of its engines; and while in that employment he claims that he sustained personal injuries through the negligence of the defendant; and he brought this suit against defendant to recover damages for those injuries. The defendant in its answer denied all allegations of the complaint, and alleged That any injury the plaintiff sustained was caused by his own negligence.
The evidence tended to prove the following facts: The plaintiff had been in the employ of the…
2Cases cited9 opinions
- Bailey v. . R., W. O.R.R. Co.New York Court of Appeals · 1893
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Booth Flynn Company v. PearsallSupreme Court of Arkansas · 1930
- Fort Smith Traction Co. v. OliverSupreme Court of Arkansas · 1932
- St. Louis, Iron Mountain & Southern Railway Co. v. EichelmanSupreme Court of Arkansas · 1915
- Wisconsin & Arkansas Lumber Co. v. MontgomerySupreme Court of Arkansas · 1924