St. Louis, Iron Mountain & Southern Railway Co. v. Clements
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The verdict is not sustained by the evidence. No negligence is shown on the part of the appellant.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The verdict is not sustained by the evidence. No negligence is shown on the part of the appellant. On the contrary, the evidence shows that the engineer proceeded in the usual manner, gave warning of approach by blowing the whistle at the place he was required by the rules to do so, and applied the brakes at the place where he had been accustomed to apply them, and that the wet condition of the track caused the brakes to lock. No defect is shown either in the brakes or engine. Appellee was guilty of contributory negligence in…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, a boy sixteen years of age, instituted this action against the defendant railway company to recover damages on account of physical injuries alleged to have been caused by negligence of defendant’s servants in the operation of an engine. Plaintiff was at the time of the injury working for the Ong Chair Factory at Malvern, Ark., and was in a box car situated on a spur track of the defendant running out to the chair factory from the main line of the railroad. Plaintiff, with another employee of the chair factory, was engaged in loading chairs in the car under the direction of a…
2Cited by3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. McMichaelSupreme Court of Arkansas · 1914
- Missouri & North Arkansas Railroad v. DuncanSupreme Court of Arkansas · 1912
- Memphis, Dallas & Gulf Railroad v. YandellSupreme Court of Arkansas · 1916