St. Louis & San Francisco Railway Co. v. Schumacher
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. This was an action by Schumacher to recover for personal injuries received by him while in the employ of the defendant railway company as a laborer upon a gravel train, which was engaged in “surfacing” or-ballasting defendant’s‘tracks in the Indian Territory.
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE WESTERN DISTRICT OF ARKANSAS. This was an action by Schumacher to recover for personal injuries received by him while in the employ of the defendant railway company as a laborer upon a gravel train, which was engaged in “surfacing” or-ballasting defendant’s‘tracks in the Indian Territory. The complaint alleged that the plaintiff boarded the train at Tuscahoma, to aid in unloading the gravel when the car should reach its destination; that when the train reached Talihina, it was stopped on the main track to take on several cars loaded with…
1Opinion of the Court
Mb.. Justice Brown,
after stating the case, delivered the opinion of the court.
We do not find it necessary to consider in detail the specification of errors assigned to the charge of the court in this case, as we are of opinion that, upon the conceded facts, there was such contributory negligence on the part of the plaintiff as required the court' to direct a verdict for the defendant.
The testimony showed that plaintiff was employed as a common laborer by defendant; that it ivas his duty to assist in loading cars with gravel and then ride down on the train to that portion of the track where…
2Cases cited1 opinion
- Railroad Co. v. JonesSupreme Court of the United States · 1877
3Cited by29 opinions
- Alabama Great Southern Railroad v. McWhorterSupreme Court of Alabama · 1908
- Merchants Transportation Co. v. DanielSupreme Court of Florida · 1933
- Neeley v. Southwestern Cotton Seed Oil Co.Supreme Court of Oklahoma · 1903
- Denver City Tramway Co. v. CobbCourt of Appeals for the Eighth Circuit · 1908
- Todd v. Cincinnati, N. O. & T. P. Ry. Co.Tennessee Supreme Court · 1915
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