Arkansas Central Railroad v. Jackson
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court. Styles T. Roave, Judge. STATEMENT BY THE COURT. W. L. Jackson, the appellee, a brakeman on appellant company’s road, brought this action against the Arkansas Central Railroad Company and William Blair, receiver of said company, and recovered damages for the loss of a finger, in the sum of $750.50, sustained tvhile coupling cars on a switch or spur track of the St. Louis, Iron Mountain & Southern Railway Company near the city of Fort…
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Appeal from Sebastian Circuit Court. Styles T. Roave, Judge. STATEMENT BY THE COURT. W. L. Jackson, the appellee, a brakeman on appellant company’s road, brought this action against the Arkansas Central Railroad Company and William Blair, receiver of said company, and recovered damages for the loss of a finger, in the sum of $750.50, sustained tvhile coupling cars on a switch or spur track of the St. Louis, Iron Mountain & Southern Railway Company near the city of Fort Smith. The complaint alleged, in substance, that, through an arrange-' ment between the receiver and the St. Louis, Iron…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) The appellants contend that, having been employed to brake cars on the Arkansas Central, and knowing that its tracks were not ballasted or filled in between the ties, he must be held to have assumed the risk ordinarily incident to its employment. But the injury did not occur on the Arkansas Central Railroad, but on a switch or spur track of' the Iron Mountain Railway Company, which might reasonably have been supposed to be properly ballasted in its switch yards. The appellee had a right to rely upon this having been done, as it was a duty the master owed…
2Cases cited4 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Illinois Central Railroad v. CozbyIllinois Supreme Court · 1898
- Lake Erie & Western Railroad v. MorrisseyIllinois Supreme Court · 1898
- Little Rock & Ft. Smith Railway Co. v. CagleSupreme Court of Arkansas · 1890
3Cited by2 opinions
- Arkadelphia Lumber Co. v. SmithSupreme Court of Arkansas · 1906
- Federal Compress Warehouse Company v. ParrottSupreme Court of Arkansas · 1930