St. Louis Southwestern Railway Co. v. Lewis
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The negligence must be proved. It cannot be inferred from the mere happening of the accident. 82 Ark. 372; 79 Ark. 437; 74 Ark. 19; 51 Ark. 467; 101 Md. 168. 2. The master is not the insurer of the servant’s safety, but is only held to ordinary care in providing a safe place and safe appliances in which and with which to work. 35 Ark. 602; 44 Ark. 524; 48 Ark. 333; 59 Ark. 98; Id. 465; 80 Ark. 260, 263; 83 Ark.…
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The negligence must be proved. It cannot be inferred from the mere happening of the accident. 82 Ark. 372; 79 Ark. 437; 74 Ark. 19; 51 Ark. 467; 101 Md. 168. 2. The master is not the insurer of the servant’s safety, but is only held to ordinary care in providing a safe place and safe appliances in which and with which to work. 35 Ark. 602; 44 Ark. 524; 48 Ark. 333; 59 Ark. 98; Id. 465; 80 Ark. 260, 263; 83 Ark. 460; 90 Ark. 145. 3. If a car step be classed as a common or simple appliance, no inspection by the master was…
1Opinion of the CourtBattue, J.
M. R. Lewis sued the St. Louis Southwestern Railway Company for damages for an injury caused by its failure to properly inspect its cars. He alleged that he was on the 27th of February, 1907, in the employment of the defendant as conductor of one of its gravel trains, and while so engaged sustained painful and permanent injuries as a result of the gross negligence of the defendant; that in the discharge of his duties as such conductor he caused said train to be moved to the Bearden Gravel Pit on its line of railway, for the purpose of loading the same with gravel for use on defendant’s…
2Cases cited9 opinions
- Louisville, New Albany & Chicago Railway Co. v. FalveyIndiana Supreme Court · 1885
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Crane Elevator Co. v. LippertCourt of Appeals for the Seventh Circuit · 1894
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Missouri & North Arkansas Railroad v. DanielsSupreme Court of Arkansas · 1911
- Owen v. DixSupreme Court of Arkansas · 1946
- Sherman v. Indianapolis Traction & Terminal Co.Indiana Court of Appeals · 1911
- St. Louis Southwestern Railway Co. v. SmithSupreme Court of Arkansas · 1912
- Vulcan Construction Co. v. HarrisonSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.