St. Louis, Iron Mountain & Southern Railway Co. v. Coutch
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffe-ry, Judge; STATEMENT BY THE COURT. The plaintiff, Will Coutch, brought this suit against the defendant, St. Louis, Iron Mountain & Southern Bail-way Company, to recover damages for personal injuries sustained by bim by reason of tbe alleged negligence of the railway company.
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Appeal from Jackson Circuit Court; R. E. Jeffe-ry, Judge; STATEMENT BY THE COURT. The plaintiff, Will Coutch, brought this suit against the defendant, St. Louis, Iron Mountain & Southern Bail-way Company, to recover damages for personal injuries sustained by bim by reason of tbe alleged negligence of the railway company. The testimony of the plaintiff for himself, briefly stated, is as follows: I was engaged in loading ties on the cars of the defendant railway company at Standard, Louisiana, at the time I was hurt, and was employed for that purpose by Mr. LeCamp. Mr. John Clifton was the…
1Opinion of the Court
Hart, J.,
(after stating the facts). The principal contention of, counsel for defendant is that Mr. DeCamp was an independent contractor and that the plaintiff being his servant, the defendant company is not liable. In the ease of St. Louis, I. M. & S. Ry. Co. v. Chappell, 83 Ark. 94, the court said:
“Judge Noyes in his recent work on Intercorporate Belations says: ‘Upon the principle that a corporation owing duties to the public can not shift the responsibility for their performance without the consent of the State, a railroad company, permitting another company to use its tracks, remains…
2Cases cited2 opinions
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. ChappellSupreme Court of Arkansas · 1907
3Cited by2 opinions
- Zimmerman v. Mathews Trucking Corp.District Court, W.D. Arkansas · 1952
- Sinclair Oil & Gas Co. v. LangleySupreme Court of Arkansas · 1927