St. L., I. M. & S. R'y Co. v. Ledbetter
Supreme Court of Arkansas
APPEAL from Poinsett Circuit Court. Hon. J. G. Frierson, Circuit Judge. Appellee’s intestate was unlawfully upon the car of the company; he had no right to be there, and was a mere intruder, a trespasser, to whom the railway company owed no duty whatever; and it was not liable even for the negligence of its servants, until he was known to be there, and afterwards the company’s servants were guilty of such gross negligence as amounts to wilful and' intentional mischief, or…
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APPEAL from Poinsett Circuit Court. Hon. J. G. Frierson, Circuit Judge. Appellee’s intestate was unlawfully upon the car of the company; he had no right to be there, and was a mere intruder, a trespasser, to whom the railway company owed no duty whatever; and it was not liable even for the negligence of its servants, until he was known to be there, and afterwards the company’s servants were guilty of such gross negligence as amounts to wilful and' intentional mischief, or wantonly and maliciously injured him. Sher. & Red. on Neg., Sec. 264; 2 Am. & Eng. R’y Cases, 3; 2 Id., 6g 18 Id., 171; 31…
1Opinion of the CourtSmith, J.
Frank Jones was in the employment of a contractor for building bridges on a branch road, which the defendant company was constructing, in the year 1882, from Knobel down Crowley’s Ridge in the direction of Forrest City. His office was at Knobel and his principal duties were to receive consignments of timber and materials, that came to Knobel for his employer, and re-ship them down the branch roads to points where they might be needed. On an afternoon in June, of that year, a freight train, with one flat-car laden with lumber for Jones’ employer, stopped at the depot of Knobel. This car of…
2Cases cited3 opinions
- Severy v. NickersonMassachusetts Supreme Judicial Court · 1876
- Johnson v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1878
- Ream v. Pittsburgh, Fort Wayne, & Chicago RailroadIndiana Supreme Court · 1874
3Cited by4 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- Railroad Co. v. DialSupreme Court of Arkansas · 1893
- Shumacher v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Arkansas · 1889