Ultima Thule, Arkadelphia & Mississippi Railroad v. Benton
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. The act of negligence charged was not the proximate cause of the injury, and there can be no recovery. 76 Ark. 436. 2. Cooper and Crouch were fellow sercants. Besides, the deceased assumed the risk. 58 Ark. 125; 41 Id. 542; 41 Id. 382. 3. Deceased was guilty of contributory negligence.
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Appeal from Dallas Circuit Court; Henry W. Wells, Judge; 1. The act of negligence charged was not the proximate cause of the injury, and there can be no recovery. 76 Ark. 436. 2. Cooper and Crouch were fellow sercants. Besides, the deceased assumed the risk. 58 Ark. 125; 41 Id. 542; 41 Id. 382. 3. Deceased was guilty of contributory negligence. Negligence is a question of law and fact. 41 Ark. 542; 76 Id. 520. 4. He was not- a passenger. 83 Ark. 22; 78 Id. 505; 76 Id. 106; 65 Id. 65. 1. Deceased was a passenger. “The weight of authority and sound policy, we think, is that when a servant…
1Opinion of the CourtHill, C. J.
The undisputed facts are as follows: Crouch was an employee of the railroad, being the foreman of a-track-laying crew, working seventeen miles from Dalark. The railroad company carried the construction crews to and from their work on its trains. It used flat cars upon which there were no. seats, and the employees were accustomed to sit on the sides, ■with their feet hanging over. The employees frequently carried wood on the train, and threw it off as they approached their respective residences.
Crouch was riding on. the train, with' his legs dangling off the side of a flat car, when one of the…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Scheffer v. Railroad Co.Supreme Court of the United States · 1882
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
- Railway Co. v. Fire Ass'nSupreme Court of Arkansas · 1891
3Cited by11 opinions
- St. Louis-San Francisco Railway Co. v. BryanSupreme Court of Arkansas · 1938
- Booth Flynn Company v. PearsallSupreme Court of Arkansas · 1930
- St. Louis, Kennett & Southeastern Railroad v. FultzSupreme Court of Arkansas · 1909
- Ozark Industries, Inc. v. Stubbs Transports, Inc.District Court, W.D. Arkansas · 1972
- St. Louis, Iron Mountain & Southern Railway Co. v. CopelandSupreme Court of Arkansas · 1914
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