St. Louis, Iron Mountain & Southern Railway Co. v. Jamison
Supreme Court of Arkansas
Appeal from Greene Circuit Gourt; Prank Smith, Judge; 1. The accident complained of happened prior to the passage of the act of March 8, 1907, abolishing the fellow servant rule. Appellant is not liable, .because the only negligence shown, if any, was that of a fellow servant.
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Appeal from Greene Circuit Gourt; Prank Smith, Judge; 1. The accident complained of happened prior to the passage of the act of March 8, 1907, abolishing the fellow servant rule. Appellant is not liable, .because the only negligence shown, if any, was that of a fellow servant. Acts 1907, pp. 162-3. 2. Appellee assumed the risk -of injur}* that might result from the breaking of bolts. 57 Ark. 503, 506; 54 Ark. 289; Id. 389; 56 Ark. 206; 48 Ark. 333; 57 Ark. 76; 58 Ark. 324; 41. Ark. 542; 76 Ark. 69; 68 Ark. 316; 77 Ark. 367. 3. Appellee’s own contributory negligence precludes recovery. 4. If…
1Opinion of the CourtBattue, J.
W. E. Jamison was in the employment of the St. Louis, Iron Mountain & Southern Railway Company. He had been ten or eleven years at the time he was injured as hereinafter stated. He was employed as a section hand,'the principal part of whose work was to take up old ties and. rails and replace them with new. In doing this work the bolts which held the old rails together were sometimes broken. This was not an uncommon occurrence on defendant’s road, and was well known by Jamison, and had been done by himself, and was attended by danger of injury to employees at the time engaged in the work. It…
2Cases cited4 opinions
- Kuhns v. Wisconsin, Iowa & Nebraska Railway Co.Supreme Court of Iowa · 1887
- Abbot v. McCaddenWisconsin Supreme Court · 1892
- Southwestern Telephone Co. v. WoughterSupreme Court of Arkansas · 1892
- Railway Co. v. DavisSupreme Court of Arkansas · 1891
3Cited by1 opinion
- Warmack v. PerkinsSupreme Court of Arkansas · 1918