St. Louis, Iron Mountain & Southern Railway Co. v. Baker
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This is a suit brought by appellee against appellant to recover damages on account of fatal injuries received by G. E. Baker, while working in the boiler shop of appellant in the city of Argenta. Baker was employed by appellant as a carpenter, and, in company with a fellow workman named Vernon, was sent to make some repairs on the windows of the boiler shop.
Read the full summary
Appeal from Saline Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This is a suit brought by appellee against appellant to recover damages on account of fatal injuries received by G. E. Baker, while working in the boiler shop of appellant in the city of Argenta. Baker was employed by appellant as a carpenter, and, in company with a fellow workman named Vernon, was sent to make some repairs on the windows of the boiler shop. The boiler shop is a high room, with a row of windows around it 22 feet from the ground. There are two electric cranes in the shop, a large one in a larger room…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The uncontroverted evidence shows that, if the crane operator had been notified of the presence of Vernon and Baker on the crane tracks before Baker received his fatal injuries, the same could and would have been avoided.
The uncontroverted evidence shows that it was not the duty of the crane operator to observe the crane tracks overhead for the purpose of discovering any one who might be engaged at work there without first being notified that such persons would be employed in work that required their presence on the crane tracks. The undisputed evidence…
2Cases cited3 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- McMenamy v. Scullin-Gallager Iron & Steel Co.Missouri Court of Appeals · 1910
- Aronin v. Security Bank of New YorkCourt of Appeals for the Second Circuit · 1915
3Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1913
- Chicago, Rock Island & Pacific Railway Co. v. CrawfordSupreme Court of Arkansas · 1913