Kansas City & Memphis Railway Co. v. Huff
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. This action did not arise out of .any of the provisions of Act No. 88 of 1911, and the 'doctrine of comparative negligence -was, therefore, erroneously injected into the case.
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Appeal from Benton Circuit Court; J. 8. Maples, Judge; 1. This action did not arise out of .any of the provisions of Act No. 88 of 1911, and the 'doctrine of comparative negligence -was, therefore, erroneously injected into the case. The injury complained of does not come within section 1 of the 'act, because it did not result in whole or in part from the negligence of ¡any of appellant’s officers, agents or employees; and it does not come within section 2, 'because the injury was not due to .any defect in any car or cars, track or roadbed. The doctrine of contributory negligence and assumed…
1Opinion of the CourtSmith, J.
Appellee recovered damages for an injury sustained by him, which he detailed as follows: He was -employed as a brakeman, and his run extended from Rogers to Fayetteville, -the entire length of appellant’s road, a distance -of 104 miles, and his train was a local freight train, which did the local switching at all stations. He had instructions from the conductor at th-e station of Highfill to set -out -two oars -at Springtown, -and upon the arrival of the train, at the last named station, he proceeded to execute the orders previously given him, and he further testified as follows: “I cut -the…
2Cases cited2 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Hubbard v. Central of Georgia Railway Co.Supreme Court of Georgia · 1908
3Cited by10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Harlow v. RylandDistrict Court, E.D. Arkansas · 1948
- St. Louis, Iron Mountain & Southern Railway Co. v. WisemanSupreme Court of Arkansas · 1915
- Chesapeake & Ohio Railway Co. v. Public Service CommissionMichigan Court of Appeals · 1967
- Faulkner v. FaulknerSupreme Court of Arkansas · 1933
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