St. Louis, Iron Mountain & Southern Railway Co. v. Rickman
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. A railway company is not an insurer of its servants against danger, and when a servant has undertaken a service, he is presumed to have assumed all risks necessarily incident thereto. He is held to the exercise of ordinary care in avoiding' danger; and where the danger is one which was as apparent to him as to his section boss, the orders of his section boss do not excuse him for incurring such danger.
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Appeal from Woodruff Circuit Court. Hance N. Hutton, Judge. A railway company is not an insurer of its servants against danger, and when a servant has undertaken a service, he is presumed to have assumed all risks necessarily incident thereto. He is held to the exercise of ordinary care in avoiding' danger; and where the danger is one which was as apparent to him as to his section boss, the orders of his section boss do not excuse him for incurring such danger. He is guilty of contributory negligence, even if we grant the section boss to be a vice-principal. 31 S. W. 706; ib. 525; 2 N. E.…
1Opinion of the CourtBunn, C. J.
This is a suit for personal damages by Rick-man against the railroad company. Damages laid at $20,000; judgment for $1,500; and defendant appealed.
Plaintiff was a section hand under the control of one Mc-Dougal, as foreman. On the 28th January, 1895, some time about or just after nightfall, it being a cold, snowy and dark night, BlcDougal, with plaintiff and three other section hands and a citizen, after quitting work for the day, left Russell station on a hand ear, to go to their station house at Bald Knob, a short distance south of Russell, on the railroad. While at Russell they could see…
2Cited by9 opinions
- St. Louis & North Arkansas Railroad v. MathisSupreme Court of Arkansas · 1905
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- Haworth v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- Edwards v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1902
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