St. Louis, Iron Mountain & Southern Railway Co. v. Stewart
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court; A. H. Rowell, Special Judge; 1. A verdict .should have been directed for appellant. There was no evidence to sustain the verdict.
Read the full summary
Appeal from Lincoln Circuit Court; A. H. Rowell, Special Judge; 1. A verdict .should have been directed for appellant. There was no evidence to sustain the verdict. Plaintiff violated the rules of the company which caused the accident. 100 Ark. 526, 533; 97 Id. 443. Stewart’s testimony is absolutely contradicted by. the physical facts. 100 Ark. 380; 157 Fed. 347; 86 Pac. 472; 74 Kans. 256. Failure to obey the rules was negligence. 100 Ark. 380; 140 S. W. 544; 120 Ark. 61; 52 Ark. Law Bep. 312; 119 Ark. 349; 174 Fed. 352. Neither custom nor order can justify a servant in doing an act which is…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Charles Stewart, was engaged in the service of the defendant as a locomotive engineer -and received personal injuries while he was running. a train through the railroad yards at Little Bock. This is an action against the company to recover compensation for his injuries, which are alleged to have been caused by negligence of other servants of the company. It is conceded that the service being performed by the pjain-tiff at the time of his injury was connected with interstate traffic so as to bring the 'case within the operation -of the Federal Employers’ Liability Act. Plaintiff…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1915
3Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1917
- Myers v. Southern Pacific Co.California Court of Appeal · 1936
- Southern Ry. Co. v. SmithSupreme Court of Alabama · 1931
- St. Louis-San Francisco Railway Co. v. BatesSupreme Court of Arkansas · 1924
- Morris v. Pennsylvania R. CoCourt of Appeals for the Second Circuit · 1951
1 more not listed; retrieve them via the Exa API.