Railway Co. v. Davis
Supreme Court of Arkansas
APPEAL from White Circuit Court. Matthew T. Sanders, Judge. John M. Davis, as administrator of the estate of Clarence Davis, sued the St. Louis, Iron Mountain & Southern Railway Company for damages because of the injury and death ■of Clarence, through the carelessness and negligence of the =said company.
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APPEAL from White Circuit Court. Matthew T. Sanders, Judge. John M. Davis, as administrator of the estate of Clarence Davis, sued the St. Louis, Iron Mountain & Southern Railway Company for damages because of the injury and death ■of Clarence, through the carelessness and negligence of the =said company. The substance of the complaint was, that the deceased was a minor, under the age of 18 years; and the defendant, against the will and without the consent of plaintiff, employed him to undertake the dangerous and hazardous services of a brakeman on its railway. That' deceased was young,…
1Opinion of the CourtCockrill, C. J.
It was settled in the former appeal in this case that it was a question of fact for the jury, and not of law for the court, to determine whether the deceased, who was a country-reared lad of narrow experience, knew that service about an unblocked guard-rail was attended with danger. Davis v. Railway, 53 Ark., 128-9. The testimony was not materially varied on the second trial, and the question remained one of fact, and was therefore properly submitted to the jury.
The only objection urged to the charge of the court, outside of that which goes to the measure of damages, is that it was abstract…
2Cases cited3 opinions
- Birkett v. . Knickerbocker Ice Co.New York Court of Appeals · 1888
- State ex rel. Coughlan v. Baltimore & Ohio Rail RoadCourt of Appeals of Maryland · 1866
- Akerly v. VilasWisconsin Supreme Court · 1867
3Cited by11 opinions
- Southwestern Gas & Electric Co. v. GodfreySupreme Court of Arkansas · 1928
- Interurban Railway Co. v. TrainerSupreme Court of Arkansas · 1921
- Gilman v. G. W. Dart Hardware Co.Montana Supreme Court · 1910
- Beaman v. Martha Washington Mining Co.Utah Supreme Court · 1901
- Kansas City Southern Railway Co. v. FrostSupreme Court of Arkansas · 1909
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