Yazoo & Mississippi Valley Railroad v. Kern
Supreme Court of Arkansas
Appeal from Phillips 'Circuit Court; Hance N. Hutton, Judge; A peremptory instruction should have been given to find for the appellants. • (a) The deceased at the time lie was injured was not in the employ of the appellants, or either of them. He was a trespasser, or, at best, a mere licensee. The only duty appellants owed him, was the duty not to wantonly injure him after discovering his peril.
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Appeal from Phillips 'Circuit Court; Hance N. Hutton, Judge; A peremptory instruction should have been given to find for the appellants. • (a) The deceased at the time lie was injured was not in the employ of the appellants, or either of them. He was a trespasser, or, at best, a mere licensee. The only duty appellants owed him, was the duty not to wantonly injure him after discovering his peril. Under the proof the yardmaster and station agent had no express nor implied authority to employ a switch-man, except such implied authority where an emergency existed as a conductor would have under…
1Opinion of the CourtMcCurroch, C. J.
Plaintiff’s intestate, Richard Pinkston, was knocked from the side-ladder of a coal car and killed in the yards of defendant railroad company at Helena, Arkansas. He was working as switchman at the time, and his death was caused by his body striking another car on a sidetrack near the track on which his train of cars was moving-. This action was instituted in the circuit court of Phillips County to recover damages on account of the death of said Pinkston, negligence of servants of said defendant being charged in leaving the car on the sidetrack too close to the switch to allow the free…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- Railroad Co. v. DialSupreme Court of Arkansas · 1893
3Cited by2 opinions
- Booth & Flynn v. PriceSupreme Court of Arkansas · 1931
- Henry Quellmalz Lumber & Manufacturing Co. v. HaysSupreme Court of Arkansas · 1927