St. Louis & San Francisco Railroad v. McFall
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. STATEMENT BY THE COURT. . On the 16th day of February, 1902, and for some time prior thereto, W. O. McFall was employed by the St Louis & San Francisco Railroad Company as a conductor, and on that day had charge of fast freight train 25,201, with William Adams as his engineer, and was running from Thayer, Mo., to Memphis. Tenn.
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Appeal from Craighead Circuit Court, Jonesboro District. Felix G. Taylor, Judge. STATEMENT BY THE COURT. . On the 16th day of February, 1902, and for some time prior thereto, W. O. McFall was employed by the St Louis & San Francisco Railroad Company as a conductor, and on that day had charge of fast freight train 25,201, with William Adams as his engineer, and was running from Thayer, Mo., to Memphis. Tenn. This train left Thayer, Mo., between 4 and 5 a. m. as second section of 201, with orders to run forty-five minutes behind first 201, which was a regular passenger train. At Hardy, the…
1Opinion of the CourtBattle, J.
Assuming that' the collision was caused by the negligence of Adams, the engineer, was such negligence imputable to McFall? In Little v. Hackett, 116 U. S. 366, Mr. Justice Field, delivering the opinion of the' court, said: “That one cannot recover damages for an injury to the commission of which he has directly contributed is a rule of established law, and a principle of common justice. And it matters not whether contribution consists in his participation in the direct cause of the injury, or in his omission of duties which, if performed, would have prevented it.” In that case the court held…
2Cases cited1 opinion
- Little v. HackettSupreme Court of the United States · 1886
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