St. Louis & San Francisco Railroad v. Wells
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The .court should have given the peremptory instruction asked for by appellant The presumption is that the bar was not cracked when it was last inspected, and there was no evidence that it was. 46 Ark. 555; 51 A,rk. 467; 54 Ark. 389. The burden of proving want of inspection was on the plaintiff. 44 Ark. 524; 2 Rorer on Railroads, 1200; 3 Elliott’on Railroads, § §1273-4; 1299; 56 111. App. 181; 11 111. App. 498; A…
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Appeal from Crawford Circuit Court; Jeptha H. Evans, Judge; 1. The .court should have given the peremptory instruction asked for by appellant The presumption is that the bar was not cracked when it was last inspected, and there was no evidence that it was. 46 Ark. 555; 51 A,rk. 467; 54 Ark. 389. The burden of proving want of inspection was on the plaintiff. 44 Ark. 524; 2 Rorer on Railroads, 1200; 3 Elliott’on Railroads, § §1273-4; 1299; 56 111. App. 181; 11 111. App. 498; A railroad company is not required to make unusual tests to discover latent ’defects. 58 Ark. 125; Pierce on Railroads,…
1Opinion of the Court
McCulloch, J.,i
The plaintiff:,' Mapion. Wells, :,s,ued the railroad company to recover damages for.inj-uries received while in its .service.- He1 was fireman qn a. locomotive, and while .at work was thrown-from it by reason,of the breaking of,-the drawibar which coupled,-the .engine and, tender together-., ..He.stood on the coupling, and-was engaged in shaking the grate, of .the em ■gine, when-the coupling or-drawibar broke, allowing-the engine to suddenly draw away-from the tender,, and he .fell, to, the ¡ground, and was seriously hurt. The drawbar was made of iron, and was about three feet…
2Cases cited4 opinions
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Spicer v. South Boston Iron Co.Massachusetts Supreme Judicial Court · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
- Fordyce v. KeySupreme Court of Arkansas · 1905
3Cited by18 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Arkansas Power & Light Co. v. LumSupreme Court of Arkansas · 1953
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
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