Arkansas Midland Railway Co. v. Worden
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. In cases of injuries to servants happening in the course of their employment, negligence of the master is not inferred from the mere happening of the accident which caused the injury. It must be proved, the burden being on the party alleging it.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; 1. In cases of injuries to servants happening in the course of their employment, negligence of the master is not inferred from the mere happening of the accident which caused the injury. It must be proved, the burden being on the party alleging it. Here no negligence is proved, nor any causal relation shown between the absence of the light and lock and happening of the accident. 48 Ark. 460; 75 Ark. 70; 44 Ark. 524; 82 Ark. 372; 87 Ark. 321; 85 Ark. 600; 72 S. C. 398; 5 Am. & Eng. Cas. 167, note 5, cases cited; 75 Ark. 263. If a defect…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted against the Arkansas Midland Railway Company by F. G. Worden as administrator of the estate of his deceased son, Beecher Worden, to recover damages sustained by reason of the latter’s death, which is alleged to have been caused by the negligence of the railway company. The elements of damages claimed are bodily pain and suffering endured by decedent between the time of his injury and his death, and the expected contributions thereafter to his father. Beecher Worden was between 20 and 21 years of age at the time of his death, and was employed by the railway company…
2Cases cited11 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Good v. Ferguson & Wheeler Land, Lumber & Handle Co.Supreme Court of Arkansas · 1913
- River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. AikenSupreme Court of Arkansas · 1911
9 more not listed; retrieve them via the Exa API.