St. L., I. M. & S. Ry. v. Rice
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. Contributory negligence. By plaintiff’s own confession he was guilty of such contributory and palpable negligence as to preclude a recovery. S McCrary, 471; 75 Ill., 108; 27 Minn., 141; 47 Miss., 420; 12 Mete,, 415 ; 41 Miss., 131; 2 M. & W., 244; 1 Ad. &E1., 36; 4 Beng., 142; 9 Hill, 522; 17 Fed. Rep., S82; 39 Id., 620; 74 Ind., 445. 2. Disobedience of rules.
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APPEAL from Nevada Circuit Court. C. E. Mitchel, Judge. 1. Contributory negligence. By plaintiff’s own confession he was guilty of such contributory and palpable negligence as to preclude a recovery. S McCrary, 471; 75 Ill., 108; 27 Minn., 141; 47 Miss., 420; 12 Mete,, 415 ; 41 Miss., 131; 2 M. & W., 244; 1 Ad. &E1., 36; 4 Beng., 142; 9 Hill, 522; 17 Fed. Rep., S82; 39 Id., 620; 74 Ind., 445. 2. Disobedience of rules. Plaintiff, by violating the rules of the company known to Eim, or which he ought to have known, took the risk upon himself, and he cannot recover. 51 Miss., 641; 31 Mich., 430;…
1Opinion of the CourtSandels, J.
In attempting to couple cars on the yard of appellant, at Texarkana, the appellee’s hand was seriously injured. He sued appellant for damages. Defendant denied negligence on its part and alleged that negligence on the part of plaintiff caused the injury.
The evidence disclosed the following facts: That Rice for twelve years prior to the date of injury had been in the employ of railroads as brakeman and yard foreman. Coupling cars was one of his duties. At the time of the injury he was night yard foreman and went to the yard about S o’clock p. m. The day yard foreman informed him that a car…
2Cases cited9 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Coon v. . the Syracuse and Utica Railroad Co.New York Court of Appeals · 1851
- Kentucky Central Railroad v. Thomas' adm'rCourt of Appeals of Kentucky · 1880
- Colorado Central R. R. v. HolmesSupreme Court of Colorado · 1880
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3Cited by28 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
23 more not listed; retrieve them via the Exa API.