St. Louis, Iron Mountain & Southern Railway v. Harper
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitcher, Circuit Judge. 1. The complaint stated no cause of action. It alleges that the explosion was the result of negligence on the part of sen-ants and employes in the proper care and management of the engine, which engine was known to the servants and employes of defendant to be defective and unsafe.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitcher, Circuit Judge. 1. The complaint stated no cause of action. It alleges that the explosion was the result of negligence on the part of sen-ants and employes in the proper care and management of the engine, which engine was known to the servants and employes of defendant to be defective and unsafe. Eor such injuries, caused by the acts of fellow servants, the master is not liable. {10 Ind , 556 ; 39 Ark., 25; 1$ Zb., 420; Wood’s Master and Servant, p. 803 ; 49 Mo., 167; 8 Am. Rep., 126.) The answer did not waive the objection. Gantt’s Digest,…
1Opinion of the Court
Cockrill, O. J.
The appellee, while in the discharge of his duty as watchman for the railroad, in its yards at Texarkana, was injured by the explosion of the boiler of one of the company’s locomotives. Critically considered his complaint charges an injury to a servant by a co-servant, and nothing more. It is the well established rule of this court that the master cannot be made to respond in damages for this. The defendant, however, made no objection to the sufficiency of the complaint, but denied all knowledge of defects in the exploded engine, as well as a want of care on its part, and…
2Cases cited4 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Noyes v. SmithSupreme Court of Vermont · 1855
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Hard v. Vermont & Canada RailroadSupreme Court of Vermont · 1860
3Cited by9 opinions
- Louisville, New Albany & Chicago Railway Co. v. SandfordIndiana Supreme Court · 1889
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Denton v. Mammoth Spring Electric Light & Power Co.Supreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HutchinsonSupreme Court of Arkansas · 1912
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