St. Louis & San Francisco Railroad v. Fritts
Supreme Court of Arkansas
Appeal from Washington Circuit Court'; J. S. Maplesr Judge; 1. The plaintiff, it is undisputed, was familiar with the door and its construction.
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Appeal from Washington Circuit Court'; J. S. Maplesr Judge; 1. The plaintiff, it is undisputed, was familiar with the door and its construction. In opening it he assumed the risk incident thereto, even though a mere volunteer or licensee. 2 Labatt, Master & Servant, 631; 68 Me. 49; 49 N. J. L. 59-If there was any defect in the door, it was patent, and one handling appliances of the kind assumes the risk. 35 Ark. 602; 41 Ark. 542; 54 Ark. 289; 57 Ark. 76; 58 Ark. 125; 47 Fed. 687; 112 Fed. 384; 123 Fed. 275; 126 Fed. 495; 152 U. S-145; 164 Mass. 168. And the party would be estopped to deny…
1Opinion of the Court
McCulloch, J.. This is an action instituted by appellee to recover damages for personal injuries received by him on account of a car door falling on him while he was opening the door preparatory to loading the car.
Appellee was employed by one Friend, a shipper, who applied to appellant company for a car, which was furnished by tlib ‘ company and placed on a spur or side-track for the purposé of loading the same with apples at Springdale, in Washington County, Arkansas. He went to the car, and removed the. pins' which held the hasps or fastenings of the door to the side of the car, and was…
2Cases cited9 opinions
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. L., I. M. & S. Ry. v. GainesSupreme Court of Arkansas · 1885
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bugh v. WebbSupreme Court of Arkansas · 1959
- Chicago, Rock Island & Pacific Railway Co. v. LewisSupreme Court of Arkansas · 1912
- Chicago, R. I. & P. Ry. Co. v. WatsonSupreme Court of Oklahoma · 1912
- Carroll v. LanzaDistrict Court, W.D. Arkansas · 1953
- St. Louis, Iron Mountain & Southern Railway Co. v. GoinsSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.