Missouri Pacific Railroad v. Carey
Supreme Court of Arkansas
Appeal from Conway Circuit' Court; A. B. Priddy', Judge; 1. There was no proof of negligence on the part of the railway company, but the evidence shows a case of assumed risk and contributory negligence on part of the party injured. 2. The court erred in its instructions to the jury and in refusing those asked by defendant.
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Appeal from Conway Circuit' Court; A. B. Priddy', Judge; 1. There was no proof of negligence on the part of the railway company, but the evidence shows a case of assumed risk and contributory negligence on part of the party injured. 2. The court erred in its instructions to the jury and in refusing those asked by defendant. If there were any defects in the door they -were patent, and plaintiff assumed the risk. 82 Ark. 11; 65 Id. 98; 125 Id. 95. A servant assumes the ordinary risks incident to the service and of defects known to him which are open and patent. 82 Ark. 16; 90 Id. 387; 68 Id.…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Conway Circuit Court to recover damages for an injury to his foot and leg, caused by the falling of an end gate or door of an open freight car, due to the alleged negligent condition of repair of the car, end gate and its parts. .
Appellant filed answer, denying that it negligently permitted the car gates, or their parts, to get out of repair, or that they were out of repair at the time of the injury. In addition to denying these and all other material allegations in the complaint, it pleaded assumed risk and contributory negligence by…
2Cases cited9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. LewisSupreme Court of Arkansas · 1912
- St. Louis & San Francisco Railroad v. CarrSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
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3Cited by1 opinion
- Conway v. Belt Railway Co.Appellate Court of Illinois · 1967