St. Louis, Iron Mountain & Southern Railway Co. v. Harmon
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Frank Smith, Judge’; STATEMENT BY THE COURT. The plaintiff, J. L. Harmon, instituted this action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries caused by alleged negligence of the company’s servants. He was employed by the defendant as a section-hand at Hamlin, Arkansas.
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Appeal from Cross Circuit Court; Frank Smith, Judge’; STATEMENT BY THE COURT. The plaintiff, J. L. Harmon, instituted this action against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries caused by alleged negligence of the company’s servants. He was employed by the defendant as a section-hand at Hamlin, Arkansas. On the day the injury occurred plaintiff’s gang of workmen, of which one DeShea was foreman, was ordered to board a work-train at Hamlin for the purpose of doing work on the track outside of that section. The men, under orders of the foreman,…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) It is contended that the evidence was not sufficient to warrant a verdict in favor of the plaintiff, and that the court erred in refusing to instruct the jury peremptorily to return a verdict for the defendant. In support of this contention, it is urged that the evidence fails to show any negligence on the part of servants of the company, or that, if any negligence is shown, it was that of plaintiff’s fellow-servant, and that the undisputed evidence establishes contributory negligence on the part of the plaintiff himself.
There" was, we think, evidence…
2Cases cited4 opinions
- Kansas City, Fort Scott & Memphis Railroad v. BeckerSupreme Court of Arkansas · 1899
- Pasley v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. RickmanSupreme Court of Arkansas · 1898
- Krumm v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1903
3Cited by15 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BrabbzsonSupreme Court of Arkansas · 1908
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HartungSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. YatesSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
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