St. Louis, Iron Mountain & Southern Railway Co. v. Hawkins
Supreme Court of Arkansas
'Appeal from Crawford Circuit Court; leptha H. Evans, Judge; The negligence of the master may be assumed when known to exist, as well as the ordinary hazards of the service. 86 Ark. 508. If the servant realizes the danger, and still elects to expose himself to it, then, although he acts with the greatest care, he may, if injured, be held to have assumed the risk. 77 Ark. 367. By appellee’s own testimony, clearly showing that he knew of the negligence and appreciated the…
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'Appeal from Crawford Circuit Court; leptha H. Evans, Judge; The negligence of the master may be assumed when known to exist, as well as the ordinary hazards of the service. 86 Ark. 508. If the servant realizes the danger, and still elects to expose himself to it, then, although he acts with the greatest care, he may, if injured, be held to have assumed the risk. 77 Ark. 367. By appellee’s own testimony, clearly showing that he knew of the negligence and appreciated the danger and made complaint of it, we have a clear case of assumption of risk of master’s negligence, and he ought not to…
1Opinion of the CourtHilt, C. J.
Elsey Hawkins was employed by the appellant company as a cinder shoveller, working in a cinder pit in its yards in Van Burén. His testimony tended to prove:- That while intent upon his work an engine was backed into the cinder pit, without the usual signals of approach, and he was injured by it. The day before this occurred he had complained to his foreman of the hostler operating this engine having taken engines into the cinder pit without signals, and threatened to quit his employment unless the required signals-were given of the approach of engines to the pit. His foreman promised to speak…
2Cases cited4 opinions
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Pettus v. KerrSupreme Court of Arkansas · 1908
- Choctaw, Oklahoma & Gulf Railroad v. CraigSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Cousins v. CooperSupreme Court of Arkansas · 1960
- St. Louis, Iron Mountain & Southern Railway Co. v. LedfordSupreme Court of Arkansas · 1909
- Aetna Casualty & Surety Co. of Hartford v. BrashearsSupreme Court of Arkansas · 1956
- Hudgins v. MazeSupreme Court of Arkansas · 1969
- Aetna Casualty & Surety Co. of Hartford v. BrashearsSupreme Court of Arkansas · 1956