St. Louis, Iron Mountain & Southern Railway v. Puckett
Supreme Court of Arkansas
Appeal from Faulkner Circuit Court; Frederick D. Fulkerson, Judge, on exchange; 1. The record here is not sufficient to show negligence on the part of appellant. Under the facts as developed in this case, to hold appellant to a measure of precaution that would have prevented such an accident would be to make it an absolute insurer against any injury or accident that might occur in the operation of its trains in or out of its yards. Such is not the law.
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Appeal from Faulkner Circuit Court; Frederick D. Fulkerson, Judge, on exchange; 1. The record here is not sufficient to show negligence on the part of appellant. Under the facts as developed in this case, to hold appellant to a measure of precaution that would have prevented such an accident would be to make it an absolute insurer against any injury or accident that might occur in the operation of its trains in or out of its yards. Such is not the law. The only duty resting on appellant in moving its train of cars was to take ordinary and reasonable precautions to warn workmen out of the way.…
1Opinion of the CourtHart, J.
This is a suit for damages brought by W. D. Puckett as administrator of the estate of A. G. Puckett, deceased, agáinst the St. Louis, Iron Mountain & Southern Railway Company. The cause of action, as stated in the complaint, is substantially as follows: The deceased^ A.- G. Puckett, was an employee of the defendant, and was working as a carpenter, repairing cars on track four. At that time there were a number of cars standing on track seven that had been repaired and had .been left standing there. That there was a space of three or four feet between the cars standing on said track seven that…
2Cases cited10 opinions
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- Kansas City Southern Railway Co. v. DavisSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Arkansas Midland Railroad v. RamboSupreme Court of Arkansas · 1909
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
8 more not listed; retrieve them via the Exa API.