St. Louis, Iron Mountain & Southern Railway Co. v. York
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; Where one elects the more dangerous of two methods of performing an act and is injured while so doing, no recovery should be allowed. 128 Fed'. 529; 82 N. E. 675; 79 N. E. 1040. Going between the cars was the proximate cause of the injury. 79 N. E. 1040; 83 N. E. 343. One should not adopt the more dangerous of two methods of doing a thing. 149 Mich. 126; 129 Fed. 347. The Safety Appliance Act of Congress does not…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; Where one elects the more dangerous of two methods of performing an act and is injured while so doing, no recovery should be allowed. 128 Fed'. 529; 82 N. E. 675; 79 N. E. 1040. Going between the cars was the proximate cause of the injury. 79 N. E. 1040; 83 N. E. 343. One should not adopt the more dangerous of two methods of doing a thing. 149 Mich. 126; 129 Fed. 347. The Safety Appliance Act of Congress does not abolish the doctrine of contributory negligence. 117 Fed. 462. A recovery can be had in such cases only when defendant is…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by A. B. York, as administrator of the estate of J. C. York, for the benefit of his estate and next of kin against the St. Louis, Iron Mountain & Southern Railway Company, the defendant below, for the alleged negligent death of said J. C. York. Upon a former trial in the circuit court a verdict was directed in favor of the defendant. This court reversed the judgment rendered upon that verdict and remanded the cause for a new trial. The report of the opinion of this court upon that appeal will be found in 86 Ark. 244. Upon a second trial of the cause in the…
2Cases cited21 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Taliaferro v. BarnettSupreme Court of Arkansas · 1886
16 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cox v. SmithSupreme Court of Arkansas · 1911
- Storthz v. FullertonSupreme Court of Arkansas · 1932
- Morgan Engineering Co. v. Cache River Drainage DistrictSupreme Court of Arkansas · 1916
- Missouri & North Arkansas Railroad v. ClaytonSupreme Court of Arkansas · 1911
- Missouri Pacific Railroad v. HunnicuttSupreme Court of Arkansas · 1937
4 more not listed; retrieve them via the Exa API.