St. L., I. M. & S. Ry. v. Gaines
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Hod. C. E. Mitchel, Circuit Judge.' First — The master is not an insurer of all the machinery furnished its employes ; he is only bound to use ordinary care in providing tools, machinery, etc., and he only stipulates to use reasonable care to prevent them from being defective.
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APPEAL from Lafayette Circuit Court. Hod. C. E. Mitchel, Circuit Judge.' First — The master is not an insurer of all the machinery furnished its employes ; he is only bound to use ordinary care in providing tools, machinery, etc., and he only stipulates to use reasonable care to prevent them from being defective. He does not warrant the servant’s safety, nor guarantee that the appliances may not prove defective. 35 Ark., 6I4; 44 539; 3 Wood on Rys., p. 1455 ; 68 ib., 551. The presumption is, that the master has done his duty in furnishing safe and suitable appliances, and when this is…
1Opinion of the CourtSmith, J.
The complaint alleged: That “on December 29, 1882, plaintiff, John Gaines, was in the employ of defendant railroad company as a brakeman ; and while at work uncoupling cars on a through freight train, at the town of Malvern, Ark., on said day, by reason of a defective draw-head, he had the middle finger of his left hand so badly mashed that it had to be amputated — to his damage, $5,000.”
The answer denied specifically all negligence on defendant’s part, and charged contributory negligence on the part of the plaintiff.
The following evidence was then introduced by plaintiff.
The plaintiff'…
2Cases cited12 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Armstrong v. DeshlerOhio Supreme Court · 1843
- Smith v. PotterMichigan Supreme Court · 1881
- De Graff v. . N.Y.C. and H.R.R.R. Co.New York Court of Appeals · 1879
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3Cited by25 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Chicago, Burlington & Quincy Railroad v. KelloggNebraska Supreme Court · 1898
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Southwestern Telephone Co. v. WoughterSupreme Court of Arkansas · 1892
20 more not listed; retrieve them via the Exa API.