Louisiana & Arkansas Railway Co. v. Miles
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; The master is only required to give instructions as to those dangers which are not patent to ordinary observation. 48 Ark. 333. The servant can only recover upon proof that he did not know of the danger and that the master knew it and did not give warning to him. 19 S. E. 723. The danger in this case was as apparent to Walsh as it could have been to anyone.
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Appeal from Hempstead Circuit Court; Joel D. Conway, Judge; The master is only required to give instructions as to those dangers which are not patent to ordinary observation. 48 Ark. 333. The servant can only recover upon proof that he did not know of the danger and that the master knew it and did not give warning to him. 19 S. E. 723. The danger in this case was as apparent to Walsh as it could have been to anyone. Being an intelligent man of mature age, knowing the situation, he assumed .the risk of injury. 79 Tex. 130. And contributory negligence will be imputed to him as a matter of law.…
1Opinion of the CourtMcCulloch, J.
This is an action brought against appellant railway company by the administrator of the estate of M. L. Walsh, deceased, to recover ■ damages on account of the death .of Walsh, which is alleged to have been caused by negligence of the company. The plaintiff recovered a judgment for $2,000 damages,, and .the defendant appealed. There is no substantial dispute as to the facts.
Walsh was a brakeman in the employ of the .railway company, and had been employed in this capacity about thirty days when he received the injury which resulted in hi's death. He was about 25 years of age when the injury…
2Cases cited11 opinions
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Ferguson v. Phoenix Cotton HillsTennessee Supreme Court · 1901
- Railway Co. v. TorreySupreme Court of Arkansas · 1893
- Illinois Central Railroad v. PriceMississippi Supreme Court · 1895
- Findlay v. Russel Wheel & Foundry Co.Michigan Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Perkins Oil Company of Delaware v. FitzgeraldSupreme Court of Arkansas · 1938
- Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. ManganSupreme Court of Arkansas · 1908
- Chicago, Rock Island & Pacific Railway Co v. GrubbsSupreme Court of Arkansas · 1911
- H. D. Williams Cooperage Co. v. KittrellSupreme Court of Arkansas · 1913
9 more not listed; retrieve them via the Exa API.