Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Schultz

Supreme Court of Arkansas

Decided November 23, 1914PublishedCited by 4 opinions

Appeal from Lonoke Circuit -Court; Engene Lank-ford, Judge; STATEMENT BY THE COURT. Luther Schultz was -in the employ of the appellant -as an apprenticed -electrician. He was fatally injured while engaged in cleaning globes of arc lights -attached to the east and west sides of a coal chute in the shop yards of appellant in the -city of Argenta.

Read the full summary

Appeal from Lonoke Circuit -Court; Engene Lank-ford, Judge; STATEMENT BY THE COURT. Luther Schultz was -in the employ of the appellant -as an apprenticed -electrician. He was fatally injured while engaged in cleaning globes of arc lights -attached to the east and west sides of a coal chute in the shop yards of appellant in the -city of Argenta. About forty feet from the ground on the east and west sides of the chute there was a running board or platform forty-six inches wide, which sloped slightly to turn water. At the south end -of the chute there were four flights of stairs leading up into…

1Opinion of the Court

' Wood, J.,

(after stating the facts). The only grounds of negligence alleged in the complaint are that appellant failed to keep the ladder from which Schultz fell in a safe condition, and failed to warn him of such unsafe condition.

The uncontradicted testimony shows that the rungs of the 'ladder were rotten, .and in an unsafe condition, and there was testimony tending to show that no warning was given to Schultz of the unsafe condition of the ladder. So, if appellant owed any duty to Schultz to keep the ladder in a safe condition or to warn him of such condition, then the allegations of…

2Cases cited2 opinions

  1. Triangle Lumber Co. v. AcreeSupreme Court of Arkansas · 1914
  2. Gillette v. General Electric Co.Massachusetts Supreme Judicial Court · 1904

3Cited by4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. DuckworthSupreme Court of Arkansas · 1915
  2. Wenger v. KiechSupreme Court of Arkansas · 1981
  3. Bellville Land & Lumber Co. v. BradshawSupreme Court of Arkansas · 1917
  4. Wichita Falls & S. R. v. WadeCourt of Appeals of Texas · 1932

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API