Legal Opinion · Dissent

St. Louis Southwestern Railway Co. v. Compton

Supreme Court of Arkansas

Decided October 7, 1918Published

Appeal from Miller Circuit Court; Geo. R. Haynie, Judge; The court erred in its instructions. No negligence was proven and plaintiff clearly assumed the risk. 90 Ark. 407; 108 Id. 483; 58 Id. 125; 89 Id. 50; 106 Id. 436; 76 Id. 441. Appellee was guilty of no negligence but appellant was. Appellee did not assume the risk. 182 S. W. 83; 129 Id. 88; 203 Id. 840; 232 IT. S. 94; 182 S. W. 81.

1DissentWood, J.

Appellee testified: “I discovered that I couldn’t handle myself as good with my left side as I could with my right to the car. When we started I went around the ear to change sides. Obie West asked me to change sides with him but the boss said, ‘No, Mr. Compton, go back to that side. You don’t understand handling that brake beam.’ ' I never said a word; that was his orders. I started to speed it up. There was a road crossing there. I crossed the cattle gap and was walking on the end of the ties pushing along, all the time running along with it. As quick as we left the cattle gap, I went to…

2Cases cited5 opinions

  1. Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
  2. A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
  3. Griffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
  4. Dickinson v. MooneyhamSupreme Court of Arkansas · 1918
  5. Chicago, R. I. & G. Ry. Co. v. CosioCourt of Appeals of Texas · 1916

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