St. Louis, Iron Mountain & Southern Railway Co. v. Goins
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; statement by thr court. J. A. Goins, appellee, was employed as a machinist’s helper by appellant in its round house at Van Burén. An engine had been placed over a pit in one of the stalls in the round house, and the boilers of the engines were washed over these pits in the stalls.
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; statement by thr court. J. A. Goins, appellee, was employed as a machinist’s helper by appellant in its round house at Van Burén. An engine had been placed over a pit in one of the stalls in the round house, and the boilers of the engines were washed over these pits in the stalls. As a result of this washing, the ground about the pits was made wet, and in order to drain the water from the ground into the pits, what is referred to in the record as a “ditch” or as the “bevelling” of the ground was made along and next to the sill upon…
1Opinion of the Court
Wood, J.,
(after stating the facts). The burden was upon the appellee, and he fails to show any negligence upon the part of appellant either in constructing or maintaining the ditch or drain in the condition it was at the time of the injury. He does not show that it was unnecessary, or, if necessary, that it was 'constructed in such manner as to be dangerous to the employees. He does not show that by the exercise of ordinary care on the part of thq appellant the drain could have been constructed in a different manner. Appellee, when asked if there was any cause for the ditch to be constructed…
2Cases cited9 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
- Arkansas Cotton Oil Co. v. CarrSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. HigginsSupreme Court of Arkansas · 1890
4 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Chicago, Rock Island & Pacific Railway Co v. GrubbsSupreme Court of Arkansas · 1911
- Lowden v. BowenSupreme Court of Oklahoma · 1947
- Missouri & North Arkansas Railroad v. VanzantSupreme Court of Arkansas · 1911
- Crawfordsville Trust Co. v. NicholsSupreme Court of Arkansas · 1916
4 more not listed; retrieve them via the Exa API.