Fordyce v. Edwards
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The appellee, C. H. Edwards, was a locomotive engineer in tbe employ of appellants. The engine which he operated was derailed and thrown from the track by striking a horse.
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Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The appellee, C. H. Edwards, was a locomotive engineer in tbe employ of appellants. The engine which he operated was derailed and thrown from the track by striking a horse. The appellee was injured, and he brought suit, alleging, in addition to other matters, that, the injury was occasioned by the negligence of appellants in furnishing him with a locomotive with a pilot raised so high above the track that the locomotive was dangerous to operate. The appellee testified that the pilot was raised about seven…
1Opinion of the CourtRiddick, J.
i. Master’s liability for ^N^ry®ma' (after stating the facts.) We do not .. . ... discover any material error m this case, except the rule announced by the court in the first portion of instruction No. 2. That instruction told the jury, without qualification, that the appellee “had the right to presume that the engine furnished him by the defendants was in good condition, and he was not required to inspect the same for defects.” This is a correct statement of the law when speaking of latent defects. For such defects the servant is not required to look, but he must look for and take notice of…
2Cases cited6 opinions
- Morton v. Detroit, Bay City & Alpena RailroadMichigan Supreme Court · 1890
- Way v. Illinois Central RailroadSupreme Court of Iowa · 1875
- Wormell v. Maine Central RailroadSupreme Judicial Court of Maine · 1887
- Illick v. Flint & Pere Marquette RailroadMichigan Supreme Court · 1888
- Batterson v. Chicago & Grand Trunk Ry. Co.Michigan Supreme Court · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Choctaw, O. & G. R. v. HollowayCourt of Appeals for the Eighth Circuit · 1902
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Wheeler v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1915
- Missouri Pacific Railroad Company v. HendrixSupreme Court of Arkansas · 1925
- Warren Vehicle Stock Co. v. SiggsSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.