St. Louis, Iron Mountain & Southern Railway Co. v. Yates
Supreme Court of Arkansas
Appeal from White Circuit Court; Joseph M. Stay-ton, Special Judge; STATEMENT BY THE COURT. The complaint in this cause alleged that the plaintiff, Richard A. Yates, was employed by the St. Louis, Iron Mountain & Southern Railway Company on the 11th day of April, 1912; that the said railway company had employed the defendant, Virginia Bridge & Iron Company to do certain construction work in building a bridge, near Judsonia, Arkansas, and that the plaintiff was employed by…
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Appeal from White Circuit Court; Joseph M. Stay-ton, Special Judge; STATEMENT BY THE COURT. The complaint in this cause alleged that the plaintiff, Richard A. Yates, was employed by the St. Louis, Iron Mountain & Southern Railway Company on the 11th day of April, 1912; that the said railway company had employed the defendant, Virginia Bridge & Iron Company to do certain construction work in building a bridge, near Judsonia, Arkansas, and that the plaintiff was employed by tbe said railway company at tbe sum of $2.65 per day to work as a carpenter upon said bridge, and be was ordered and sent…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the evidence clearly shows that at the time of the injury, Claus was merely loaned by the Virginia Bridge & Iron Company, his general employer, to the railroad company, and, although he received his salary directly from the bridge company, he was in fact in the service of the railway company, and that even the wages which he and his helpers received were charged back to the railroad company. In the case of Wylie et al. v. Palmer et al., 137 N. Y. 248, it was said: ‘ ‘ The fact that the party, to whose wrongful or negligent act an injury may be…
2Cases cited5 opinions
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Coughlan v. City of CambridgeMassachusetts Supreme Judicial Court · 1896
- Arkansas Natural Gas Co. v. MillerSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1913
3Cited by9 opinions
- Norland v. Washington General HospitalCourt of Appeals for the Eighth Circuit · 1972
- Alfred Watland and Superwood Corporation v. John WaltonCourt of Appeals for the Eighth Circuit · 1969
- Sanford v. KeefTennessee Supreme Court · 1918
- Barton-Mansfield Company v. BogeySupreme Court of Arkansas · 1941
- Dubisson v. McMullinSupreme Court of Arkansas · 1924
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