Snellen v. Kansas City Southern Railway Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Ft. Smith District; Styles T. Rowe, Judge; 1. The court erred in directing a verdict for the defendant. There was some evidence, legally sufficient, to support a finding that appellee knew of the perilous position of deceased, before and at the time of the injury.
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Appeal from Sebastian Circuit Court, Ft. Smith District; Styles T. Rowe, Judge; 1. The court erred in directing a verdict for the defendant. There was some evidence, legally sufficient, to support a finding that appellee knew of the perilous position of deceased, before and at the time of the injury. That it is the duty of a railroad company to exercisfe ordinary and reasonable care to avoid injuring persons on its tracks, is true even in case of trespassers on the track. 74 Ark. 407 and authorities cited; 96 S. W. 976. And this duty is even stronger and clearer in regard to employees working…
1Opinion of the CourtMcCuuroch, J.
This is an action against appellee railroad company to recover damages for the death of John B. Snellen, one of its employees, alleged to have been caused by the negligence of its servants.
Snellen was employed as assistant car inspector and repairer at Stillwell, Indian Territory, where he was at work when he was killed. He was an inspector, primarily, and incidentally a car repairer, his main duties being to inspect cars in the yards and, when found slightly out of repair, to repair them on a track set apart in the yards for that purpose. He was at work under the end of a car situated on…
2Cases cited7 opinions
- New England Railroad v. ConroySupreme Court of the United States · 1899
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. HensonSupreme Court of Arkansas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Walsh v. EubanksSupreme Court of Arkansas · 1931
- Crawford v. Sawyer & Austin Lumber Co.Supreme Court of Arkansas · 1909
- Missouri Pacific Railway Co., Thompson v. GuySupreme Court of Arkansas · 1941
- St. Louis-San Francisco Railway Co. v. BatesSupreme Court of Arkansas · 1924
2 more not listed; retrieve them via the Exa API.