St, Louis, Iron Mountain & Southern Railway Co. v. Touhey
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. The instructions given for appellee, proceeding upon a theoretical case of fellow-servant or vice-principal, not borne out by the record, are abstract and misleading. 63 Ark. 684. The case is plainly one of assumed risk.
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Appeal from Lonoke Circuit Court. The instructions given for appellee, proceeding upon a theoretical case of fellow-servant or vice-principal, not borne out by the record, are abstract and misleading. 63 Ark. 684. The case is plainly one of assumed risk. Even if a vice-principal had been present, unless through some act or conduct of his he had relieved the servant of the duty to observe and protect himself against dangers, it would have created no liability. 59 Ark. 478. It is not the duty of a servant to obey where obedience will subject him to a latent danger. The second, third and fourth…
1Opinion of the CourtBunn, C. J.
Thomas Dalton, an employee of the appellant company, was killed by the falling of a semaphore pole near its tracks in its yards in North Little Rock on the 6th of November, 1895, and the appellee, John W. Touhey, was appointed administrator of his estate, and brought this suit against the ’company for the benefit óf the widow and children of the deceased, laying the damages at $15,000. The defendant answered, putting in issue all the material allegations of the complaint. A jury trial was had, resulting in a verdict of $8,000 for plaintiff, and defendant appealed.
The allegations as to…
Also in this document: Dissent.
2Cases cited6 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Railway Co. v. MurraySupreme Court of Arkansas · 1891
- Doyle v. . Rector, Etc., Trinity ChurchNew York Court of Appeals · 1892
- Railway Co. v. MaddrySupreme Court of Arkansas · 1893
- Austin & Northwestern Railway Co. v. BeattyTexas Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Parker v. . R. R.Supreme Court of North Carolina · 1921
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Western Coal & Mining Co. v. CorkilleSupreme Court of Arkansas · 1910
13 more not listed; retrieve them via the Exa API.