St. Louis, Iron Mountain & Southern Railway Co. v. Wirbel
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The issues are the same as in 104 Ark. 236. The court erred in admitting the testimony of Joseph Paffe as to the master mechanic hiring firemen in the yards.- 2. There is error in the. instructions. 104 Ark. 236. 1. The testimony shows that the master mechanic did hire firemen in the yards.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; 1. The issues are the same as in 104 Ark. 236. The court erred in admitting the testimony of Joseph Paffe as to the master mechanic hiring firemen in the yards.- 2. There is error in the. instructions. 104 Ark. 236. 1. The testimony shows that the master mechanic did hire firemen in the yards. Paffe’s testimony was competent and shows the custom. 146 S. W. 855; 104 Ark. 236. 2. Wirbel was not a trespasser; he was directed to seek the master mechanic in the yards; there was no error in the court’s charge, and the finding of the jury…
1Opinion of the CourtHart, J.
Appellant prosecutés this appeal to reverse a judgment rendered against it in favor of appellee for damages for personal injuries alleged to have been sustained by him by reason of the negligence of the appellant. This is the second appeal in the case. The opinion on the former appeal is reported in 104 Ark. 236, under the style of the St. Louis, Iron Mountain & Southern Ry. Co. v. Wirbel.
On the 15th day of December, 1909, Harry Wirbel went to the office of the master mechanic of the appellant’s line of railway at McGfehee, Ark., for the purpose of securing employment as a locomotive fireman.…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. v. HendricksSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. WirbelSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Peoples Protective Life Insurance Co. v. SmithSupreme Court of Arkansas · 1974
- Zeigler v. Oil Country Specialties Manufacturing Co.Supreme Court of Kansas · 1921
- Rundell v. RogersSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. SharpSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. SteelSupreme Court of Arkansas · 1915
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