St. Louis, Iron Mountain & Southern Railway Co. v. Higgins
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. C. E. Mitchel, Judge. This case was reversed upon substantially the same facts in 44 Ark., 293. 1. There is no evidence of negligence, either directly or' remotely, on the part of appellant; but the injury was shown* clearly to have been the result of carelessness and neglect on part of the appellee contributing directly to the injury.
Read the full summary
APPEAL from Lafayette Circuit Court. C. E. Mitchel, Judge. This case was reversed upon substantially the same facts in 44 Ark., 293. 1. There is no evidence of negligence, either directly or' remotely, on the part of appellant; but the injury was shown* clearly to have been the result of carelessness and neglect on part of the appellee contributing directly to the injury. Defendant’s liability did not depend upon the fact that the platform of the caboose sagged a little; but upon the fact whether or not in its then condition it ought to have been used about the work in which plaintiff was…
1Opinion of the CourtBattle, J.
George Higgins brought an action against the St. Louis, Iron Mountain & Southern Railway Company for $20,000, on account of injuries received by him while in the employment of the defendant. Two trials were had in the action. In the first, Higgins recovered a judgment which was reversed on appeal to this court, and the cause was remanded for a new trial. In the second, evidence was adduced tending to prove the following facts: On or about the first day of November, 1880, George Higgins was employed by the ráilroad company as a brakeman on one of its freight trains. He was then about nineteen…
2Cases cited4 opinions
- Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
- Greenleaf v. Illinois Central RailroadSupreme Court of Iowa · 1870
- Lawless v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1883
- Plank v. N.Y. Central and Hudson River Railroad CompanyNew York Court of Appeals · 1875
3Cited by8 opinions
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- Saint Louis, Iron Mountain & Southern Railway Co. v. JacksonSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. GoinsSupreme Court of Arkansas · 1909
- Park Hotel Co. v. LockhartSupreme Court of Arkansas · 1894
3 more not listed; retrieve them via the Exa API.