St. Louis, Iron Mountain & Southern Railway Co. v. Reed
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The evidence fails to show liability on part of defendant. The company is not liable for hidden defects of which it had no knowledge, and of which it could not have known by the exercise of ordinary care.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judge; 1. The evidence fails to show liability on part of defendant. The company is not liable for hidden defects of which it had no knowledge, and of which it could not have known by the exercise of ordinary care. A proper inspection would not have disclosed the defect in this -case. 4 Lll. on Railroads, § § 3783-4; La'batt on M. & S. § 102; 146 Ind. 564; 67 Ala. 13, 20. A railroad is not -bound to adopt extraordinary tests to discover defects. 76 Ala. 494. The duty of the company was discharged if it used the same method and care in…
1Opinion of the CourtFrauenthal, J.
The appellee, Thomas C. Reed, who was the plaintiff below, instituted this -suit against the St. Louis. Iron Mountain & Southern Railway Company to recover for personal injuries caused by the breaking of the lever bar of a handcar. In November, 1907, he was in the employ of the defendant as a section hand, and in company with a number of the section crew was returning from work on a handcar furnished by the defendant. Upon the 'handcar was an upright bar, called a lever bar, with a handle at each end, by pumping which the car was propelled. The plaintiff and the other men of the crew were…
2Cases cited10 opinions
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Robertson v. ChapmanSupreme Court of the United States · 1894
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Carlson v. Phoenix Bridge Co.New York Court of Appeals · 1892
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
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3Cited by5 opinions
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- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
- Missouri & North Arkansas Railroad v. VanzantSupreme Court of Arkansas · 1911
- Lewis v. JonesSupreme Court of Arkansas · 1911
- Arias v. Torres Córdova de LuffSupreme Court of Puerto Rico · 1955