St. Louis Southwestern Railway Co. v. Compton
Supreme Court of Arkansas
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.
1Opinion of the CourtSmith, J.
The appellee instituted this action against appellant for damages for personal injuries, and a judgment was rendered in his favor from which is this appeal. The facts are substantially as follows:
The appellee was a section hand in the employ of appellant. He was 57 years of age. On the 3rd day of July, 1917, lie was engaged in the work of repairing appellant’s road bed. There were no others in the section gang at that time except another man and the section boss. The section gang were required to carry along a motor car which was operated by power generated by the explosion of gasoline. The…
2Cases cited5 opinions
- White v. MoffettSupreme Court of Arkansas · 1913
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- Griffin v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1915
- Dickinson v. MooneyhamSupreme Court of Arkansas · 1918
- Alexander v. VaughanSupreme Court of Arkansas · 1913
3Cited by5 opinions
- Francis v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1922
- Hunt v. DellSupreme Court of Arkansas · 1921
- Lugar v. Missouri Pacific RailroadMissouri Court of Appeals · 1926
- Orr v. JohnsonSupreme Court of Arkansas · 1928
- T. A. Thomas & Sons v. WolfSupreme Court of Arkansas · 1921