Legal Opinion

Kansas City Southern Railway Co. v. Miller

Supreme Court of Arkansas

Decided March 22, 1915PublishedCited by 4 opinions

Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injury to plaintiff’s eyes, alleged to have been caused by steam escaping through the negligence of the railway company in permitting the steam line of the train to be charged at the time his duties required him to disconnect the train from the engine and when a defective test valve, or one not in working order, failed to disclose that the pipe…

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Appeal from Little River Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injury to plaintiff’s eyes, alleged to have been caused by steam escaping through the negligence of the railway company in permitting the steam line of the train to be charged at the time his duties required him to disconnect the train from the engine and when a defective test valve, or one not in working order, failed to disclose that the pipe was charged. , The answer denied any negligence as charged; all the material allegations in the complaint relative…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended first that the court erred in denying the petition for the removal of the case to the United States District Court, it being insisted that the cause of action did not arise under the Employers’ Liability Act of Congress.(1) The injury occurred in disconnecting the steam line on a passenger train running from Kansas City, Mo., to Port Arthur, Texas, through De Queen, Ark., where the engines were changed, while the employee was detaehing the engine from the train in order to couple on another engine for the continuation of the run. The case…

2Cases cited5 opinions

  1. Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
  2. Collins v. MackSupreme Court of Arkansas · 1877
  3. Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
  4. Fort Smith Lumber Co. v. ShacklefordSupreme Court of Arkansas · 1914
  5. St. Louis, Iron Mountain & Southern Railway Co. v. WilliamsSupreme Court of Arkansas · 1913

3Cited by4 opinions

  1. Maryland Casualty Co. v. MaloneySupreme Court of Arkansas · 1915
  2. Myers v. StateIndiana Supreme Court · 1922
  3. National Benevolent Society v. BarkerSupreme Court of Arkansas · 1922
  4. Malone v. Indust. Comm., Court of Common Pleas of Ohio, Hamilton County1940

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