St. Louis & San Francisco Railroad v. Conarty
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. The judgment in this cause on the first ¡appeal was affirmed. 106 Ark. 421. A writ of error was granted and the Supreme Court of the United States reversed the judgment. 238 U. S. 243. It was there said: “The right of recovery ¡being 'based upon the Employer’s Liability Act” * * * “ The only negligence charged in the complaint was a failure to ¡have the oar equipped at the end .struck by the…
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Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. The judgment in this cause on the first ¡appeal was affirmed. 106 Ark. 421. A writ of error was granted and the Supreme Court of the United States reversed the judgment. 238 U. S. 243. It was there said: “The right of recovery ¡being 'based upon the Employer’s Liability Act” * * * “ The only negligence charged in the complaint was a failure to ¡have the oar equipped at the end .struck by the engine, with an automatic coupler and drawbar of standard height as required by the Safety Appliance Act” # * * ‘.‘It is…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the issues in this case were finally concluded and determined against the right of appellee to recover by the decision of the United States Supreme Court, and that the trial court erred in not so holding, and in permitting it to go to trial upon the same pleadings,-and in refusing to direct a verdict in its favor at the conclusion of the introduction of testimony, 'and- its contention must be sustained.
On the first appeal this .court held that the cause of action was based upon the Employer’s Liability Act, and the negligence…
2Cases cited11 opinions
- Atlantic Coast Line Railroad v. BurnetteSupreme Court of the United States · 1915
- Southwestern Telegraph & Telephone Co. v. DanaherSupreme Court of the United States · 1915
- Barney v. Winona & St. Peter RailroadSupreme Court of the United States · 1886
- Ex Parte the Union Steamboat CompanySupreme Court of the United States · 1900
- Seaboard Air Line Railway v. DuvallSupreme Court of the United States · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Muhlhauser v. BeckerNorth Dakota Supreme Court · 1945
- St. Louis Southwestern Railway Co. v. JacksonSupreme Court of Arkansas · 1969
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