Dodson v. Clark County Lumber Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Geo. B. Eaynie, Judge; 1. It was error to direct a verdict. Railroads are' responsible for damages caused by their negligence in running trains. Art. 17, § 12, Const.; Kirby’s Digest, § 6773; 48 Ark. 467. Defendant was operating a railroad.
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Appeal from Clark Circuit Court; Geo. B. Eaynie, Judge; 1. It was error to direct a verdict. Railroads are' responsible for damages caused by their negligence in running trains. Art. 17, § 12, Const.; Kirby’s Digest, § 6773; 48 Ark. 467. Defendant was operating a railroad. Kirby’s Dig., § 6596; Acts 1907, p. 336; 124 S. -W. 903. 2. The release was no defense. 94 Ark. 27-37. A railroad can not relieve itself of liability for its negligence by contract; it is against public policy. 94 Ark. 37; 82 Id. 441; 119 Ark. 95; 78 Ark. 505; 135 S. W. 635. 3. If appellee was not a public carrier or common…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Clark County Lumber Company, is a domestic corporation organized, principally, for the purpose of operating saw mills and planing mills, but under its charter it was also authorized to operate a railroad. The corporation built, in connection with its saw mill, a railroad twelve miles in length running out from 'Smithton, a point in Clark County, Arkansas. The road was built out into the timber for the purpose of hauling material to. the mill, but the testimony shows that occasionally material was hauled for others. The plaintiff, D. H. Dodson, was injured while he was a…
2Cases cited4 opinions
- G., C. & S. F. R'y Co. v. McGownTexas Supreme Court · 1886
- Sullivan-Sanford Lumber Co. v. WatsonTexas Supreme Court · 1913
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. PitcockSupreme Court of Arkansas · 1907