St. Louis, Iron Mountain & Southern Railway Co. v. Middleton
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; 1. There was no negligence on the part of the company or its foreman; the employee assumed the risk; 3 Laibatt, Master and Servant, § 1166; 53 Am. St. 127; 108 Minn. 199; 25 L. B. A. (N. S.). 362; 158 Ind. 634; 92 Ga. 77; 167 111. 156; 97 Ark. 486; 68 Id. 316; 160 Fed. 887. See, also, 144 Ky. 465; 184 Mass. 274; 106 S. W. 865; 147 TI.
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Appeal from Lonoke Circuit Court; Eugene Lank-ford, Judge; 1. There was no negligence on the part of the company or its foreman; the employee assumed the risk; 3 Laibatt, Master and Servant, § 1166; 53 Am. St. 127; 108 Minn. 199; 25 L. B. A. (N. S.). 362; 158 Ind. 634; 92 Ga. 77; 167 111. 156; 97 Ark. 486; 68 Id. 316; 160 Fed. 887. See, also, 144 Ky. 465; 184 Mass. 274; 106 S. W. 865; 147 TI. S. 238; 54 Ark. 389, etc., 1. This case - arose under the Federal Act. 106 Ark. 421. 2. There was negligence in failing to furnish sufficient help, and in furnishing defective machinery. 116 U. S. 642;…
1Opinion of the CourtMcCulloch, C. J.
This -is an action against the railway company to recover damages for personal injuries alleged to have been sustained by plaintiff’s intestate while working in the shops of defendant in Argenta. Deceased, William Middleton, was a machinist, and while working at one of the machines in the shop, handling a heavy metal appliance of a locomotive engine which he was repairing, it fell on his hand and mashed the flesh from one of'his fingers. Blood poisoning resulted from the injury and the injured man died from the effects. The-piece of machinery he was working on was a part of an engine used by…
2Cited by2 opinions
- Griffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- Western Arkansas Telephone Company v. GranthamSupreme Court of Arkansas · 1940