Railroad Co. v. Barry
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Action by Barry against the Little Rock & Memphis Railroad Company for personal injuries. The facts are stated in the opinion. 1. The legal principles applicable to this case are of elementary simplicity. (1) The company is required to make rules reasonably adapted to secure the safety of _ its employees.
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Appeal from Pulaski Circuit Court. Robert J. Lea, Judge. Action by Barry against the Little Rock & Memphis Railroad Company for personal injuries. The facts are stated in the opinion. 1. The legal principles applicable to this case are of elementary simplicity. (1) The company is required to make rules reasonably adapted to secure the safety of _ its employees. And (2), in those jurisdictions where the train dispatcher is not considered a fellow servant with train men, it is required that train orders shall be intelligible, and such as, if obeyed, will not result in an accident. As…
1Opinion of the CourtHughls, J.
The appellee was fireman on a special passeng'er train of the appellant, which came in collision with a freight train standing,on the main track of appellant’s road, at Forrest City. The appellee, perceiving that a collision would occur, jumped from his position on the special train, believing, as he testified, that it was necessary for him to do so to save his life. He was, as the evidence tends to show, injured thereby, and upon the verdict of a jury recovered a judgment against the appellant for $10,000, to reverse which the case was brought here on appeal.
The road is a single-track road,…
2Cases cited5 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Darrigan v. New York & New England RailroadSupreme Court of Connecticut · 1885
- Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Chicago, Burlington & Quincy Railroad v. McLallenIllinois Supreme Court · 1876
- Sheehan v. New York Central & Hudson River RailroadNew York Court of Appeals · 1883
3Cited by13 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Murray Ex Rel. Murray v. Pearson Appliance StoreNebraska Supreme Court · 1952
- Missouri, K. & T. Ry. Co. v. ElliottCourt of Appeals for the Eighth Circuit · 1900
- Baltimore & O. R. v. CampCourt of Appeals for the Sixth Circuit · 1895
- Chas. T. Derr Construction Co. v. GelruthSupreme Court of Oklahoma · 1911
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