Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Reed

Supreme Court of Arkansas

Decided December 21, 1908PublishedCited by 4 opinions

Appeal from Marion Circuit Court; Brice B. Hudgins,. Judge; STATEMENT BY THE COURT. Reed was a section hand, in the employ of the St. Louis, Iron Mountain & Southern Railway Company on its White River branch, near Yellville, in Marion County.

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Appeal from Marion Circuit Court; Brice B. Hudgins,. Judge; STATEMENT BY THE COURT. Reed was a section hand, in the employ of the St. Louis, Iron Mountain & Southern Railway Company on its White River branch, near Yellville, in Marion County. Several of the section crew were returning from work on a hand-car furnished by the railroad company, and Reed and three of his companions were pumping when the lever bar, or upright iron supporting the handle, broke, and he was thrown from the car and injured. He sued'the railroad company, and his complaint alleged that the railroad company disregarded…

1Opinion of the Court

PIiu,, C. J.,

(after stating the facts.) This is a suit by a section hand to recover for injuries received upon a hand-car, due to the breaking of the lever bar; and the case turns upon whether a proper inspection would have disclosed the defect. The substance of the testimony on both sides will be found in the preceding statement, and the instructions are also therein set out. It is doubtful whether the court would permit the verdict to stand upon this evidence, weighed by the principles announced in St. Louis & S. F. Rd. Co. v. Wells, 82 Ark. 372, and Ultima Thule, A. & M. Ry. Co. v.…

2Cases cited2 opinions

  1. St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
  2. Ultima Thule, Arkadelphia & Mississippi Railway Co. v. CalhounSupreme Court of Arkansas · 1907

3Cited by4 opinions

  1. Wood v. StateSupreme Court of Arkansas · 1982
  2. St. Louis, Iron Mountain & Southern Railway Co. v. ReedSupreme Court of Arkansas · 1909
  3. State v. ShinovichWyoming Supreme Court · 1929
  4. Waganer v. Travelers InsuranceCourt of Appeals of Arkansas · 1980

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