St. Louis, Iron Mountain & Southern Railway Co. v. Carter
Supreme Court of Arkansas
Appeal from Independence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. A1 Carter brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for personal injuries sustained by him while in the employ of said company, by reason of its negligence.
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Appeal from Independence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. A1 Carter brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for personal injuries sustained by him while in the employ of said company, by reason of its negligence. The facts and circumstances attending the injury, as detailed by the plaintiff himself, briefly stated, are as follows : On the 24th day of July, 1912, he was foreman of a grading gang of the railway company and was at work about a mile above Swifton, in Jackson County, Arkansas. He saw a freight…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is first contended by the defendant that the court erred in giving to the jury on its own motion instruction No. 3, which is as follows:
“If you find from a preponderance of the evidence in this case that, at the time in question the plaintiff was at work in the employment of the defendant as foreman of a grading crew of laborers- on its line of railway; that, while he was so engaged, one of defendant’s freight trains was about to pass, and he stepped to the side of the track and occupied a position where his duties required him to be, and while in such…
2Cases cited16 opinions
- Allen v. United StatesSupreme Court of the United States · 1896
- State v. SmithSupreme Court of Connecticut · 1881
- Fletcher v. Baltimore & Potomac RailroadSupreme Court of the United States · 1897
- State v. BybeeSupreme Court of Kansas · 1877
- Eggleston v. WagnerMichigan Supreme Court · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Benson v. StateSupreme Court of Arkansas · 1921
- Mallory v. StateSupreme Court of Arkansas · 1920
- Stepp v. StateSupreme Court of Arkansas · 1926
- Murchison v. StateSupreme Court of Arkansas · 1922
- Simonson v. LovewellSupreme Court of Arkansas · 1915
9 more not listed; retrieve them via the Exa API.