Chicago, Rock Island & Pacific Railway Co. v. Harris
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; 1. The appellee showed no right to recover. A charge of negligence can not be sustained by showing that the person charged refused to risk life or limb in an effort to save another from injury, even though there be some evidence to show that by so doing both might have escaped. The principle of self-preservation prevails. 4 Bl.
Read the full summary
Appeal from Union Circuit Court; George W. Hays, Judge; 1. The appellee showed no right to recover. A charge of negligence can not be sustained by showing that the person charged refused to risk life or limb in an effort to save another from injury, even though there be some evidence to show that by so doing both might have escaped. The principle of self-preservation prevails. 4 Bl. Comm., Chitty (6ed.), 140, 187. The situation presented an emergency where there was no time for deliberation. 67 Ark. 209; 55 Id: 248; 57 Id. 306; 72 S. W. 219; 62 Am. Dec. 233; 12 A. & E. R. Cas. 86; 17 Am. St.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff received personal injuries while working in the service of defendant company at El Dorado, Arkansas, and he sued for and recovered in the court below a judgment for damages. He was á boilermaker, and when he received his injuries was engaged in removing from a car a steel or iron beam, which was fifteen inches wide, six inches thick, seventeen feet long, and weighed about 1,400 pounds. He was instructed by his foreman to remove the beam from a flat car so as to alter or repair the beam. There were two of the beams on the car, and, after he had detached them from each other, he…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. LedfordSupreme Court of Arkansas · 1909
3Cited by8 opinions
- Freeman v. StateSupreme Court of Arkansas · 1921
- Hays v. StateSupreme Court of Arkansas · 1922
- St. Louis & San Francisco Railroad v. WhayneSupreme Court of Arkansas · 1912
- Johnson v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1917
- Turner v. StateSupreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.