Choctaw, Oklahoma & Gulf Railroad v. Craig
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; 1. Under the rules established by this court, the evidence is insufficient to prove negligence on the part of appellant. 44 Ark. 529; 46 Ark. 567; 51 Ark. 467; 54 Ark.' 395; 74 Ark. 19; 67 Ark. 295. Appellee assumed the risk. One who, knowing and appreciating the danger, enters upon a perilous work, even though he does so by order of his superior, must bear the risk.
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Appeal from Logan Circuit Court, Southern District; Jeptha H. Evans, Judge; 1. Under the rules established by this court, the evidence is insufficient to prove negligence on the part of appellant. 44 Ark. 529; 46 Ark. 567; 51 Ark. 467; 54 Ark.' 395; 74 Ark. 19; 67 Ark. 295. Appellee assumed the risk. One who, knowing and appreciating the danger, enters upon a perilous work, even though he does so by order of his superior, must bear the risk. It is his duty to inform himself of the danger; and if he negligently fails to do so, he will still be held to have assumed them. 77 Ark. 367; 67 Ark.…
1Opinion of the CourtHill, C. J.
Craig was a brakeman in appellant’s service on a freight train running from Hailyville to Ardmore, Indian Territory. His train hauled a “dead engine,” that is, one carried by the train, not by its own steam, and the engine was put in the train after 16 cars and was followed by eight cars. There was difficulty with this engine at several stations. This was known to Craig in a general way. When the station of Olney was reached, the conductor told Craig that the engine had broken loose again, and told him to come and help to couple it, as he expected further trouble with it. The engine and car…
2Cases cited5 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Day v. FergusonSupreme Court of Arkansas · 1905
- English v. AndersonSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. ManganSupreme Court of Arkansas · 1908
- Slim & Shorty v. StateSupreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. HawkinsSupreme Court of Arkansas · 1909
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