El Dorado & Bastrop Railroad v. Whatley
Supreme Court of Arkansas
Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. David Rufus, a youth about sixteen years old, was in the employ of appellant as brakeman about its yards in the town of El Dorado, Arkansas. On the morning of his fatal injury, he was riding on the pilot of the engine.
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Appeal from Union Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. David Rufus, a youth about sixteen years old, was in the employ of appellant as brakeman about its yards in the town of El Dorado, Arkansas. On the morning of his fatal injury, he was riding on the pilot of the engine. The engine and tender were going north on the side track, and young Rufus was going to make a coupling on the pilot. .He was standing on a board or step on the right hand side of the pilot. There was “a piece on the side of the pilot, put there for people to stand on who go there to fix the knuckle”…
1Opinion of the Court
Wood, J.,
(after stating the facts). The court erred in submitting to the jury the question as to whether David Rufus had been warned by appellant of the danger of (riding on the pilot. The uncontroverted evidence is that he was warned of the danger of so riding. The evidence is consistent in itself, and, there being no evidence to the contrary, the court should not have submitted the matter to the jury as if it were a disputed proposition. It is error to submit as issues to the jury matters about which there is no dispute, or to submit questions upon which there is no evidence. Maddox v.…
2Cases cited11 opinions
- Pacific Mutual Life Insurance v. WalkerSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. DentySupreme Court of Arkansas · 1896
- St. Louis, Iron Mountain & Southern Railway Co. v. SweetSupreme Court of Arkansas · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harkrider v. CoxSupreme Court of Arkansas · 1959
- Holderfield v. Rummage Bros. Trucking Co.Supreme Court of North Carolina · 1950
- Brown v. KeatonSupreme Court of Arkansas · 1960
- St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. ThurmanSupreme Court of Arkansas · 1913
8 more not listed; retrieve them via the Exa API.