Chicago, Rock Island & Pacific Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; 1. Appellee was a trespasser. If lie ever was a passenger lie became a trespasser when he was riding on the engine at the time of his injury. He was on the train in violation of the rules of the company, which he knew. 4 Labatt, Master & Servant, 4698, 4697; 166 S. W. 958; 27 So. 646; 17 App.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; 1. Appellee was a trespasser. If lie ever was a passenger lie became a trespasser when he was riding on the engine at the time of his injury. He was on the train in violation of the rules of the company, which he knew. 4 Labatt, Master & Servant, 4698, 4697; 166 S. W. 958; 27 So. 646; 17 App. Div. 116; 45 N. Y. 'Supp. 93. He had no duty to perform on the engine, and was on the train contrary to the rules. 2. It was error to modify defendant’s instructions. A passenger who voluntarily assumes a dangerous or forbidden position on a train can…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff was in the employment of defendant as a fireman on the latter’s road, and had a run out of El Dorado on what is termed the Louisiana Division. A vacancy occurred in the fireman’is place on an extra passenger run out of Little Rock and plaintiff, by virtue of his seniority, was entitled to promotion to that place. He lived at El Dorado, and when the vacancy occurred, he claimed it, and transportation was furnished him with an - order authorizing him to assume the vacant place and displace another fireman who had been as-signed to it. The order and the pass were delivered to him…
2Cases cited5 opinions
- L. R. & Ft. S. R'y. v. MilesSupreme Court of Arkansas · 1883
- Triangle Lumber Co. v. AcreeSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. DupreeSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. SharpSupreme Court of Arkansas · 1914
3Cited by2 opinions
- St. Louis-San Francisco Railway Co. v. BarronSupreme Court of Arkansas · 1924
- Producers Gravel Sand Co., Inc. v. JonesSupreme Court of Arkansas · 1939