Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Swaim

Supreme Court of Arkansas

Decided November 4, 1912PublishedCited by 1 opinion

Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. This suit was brought by appellee for damages for a personal injury, resulting virtually in the loss of his left eye, it was alleged, by the negligence of the defendant. It was alleged that the injury resulted on account of the failure to properly screen or shield the glass water gauge or indicator upon the engine.

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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; STATEMENT BY THE COURT. This suit was brought by appellee for damages for a personal injury, resulting virtually in the loss of his left eye, it was alleged, by the negligence of the defendant. It was alleged that the injury resulted on account of the failure to properly screen or shield the glass water gauge or indicator upon the engine. The appellant denied any negligence, and pleaded contributory negligence and assumption of risk of appellee in bar of the action. The facts are substantially that George C. Swaim, a locomotive…

1Opinion of the Court

Kirby, J.,

(after stating the facts). It is contended that the facts in this case bring it within the decision in the case of St. Louis, I. M. & S. Ry. Co. v. Wells, 93 Ark. 153, and that the court erred in not directing a verdict for appellant.

In that case the injury resulted from the explosion of the feed glass to the lubricator, which was not protected or guarded by any shield or screen, about which there was no complaint and no promise to repair made, and it was held that the servant had assumed the risk. This case differs materially in this: The water glass had been incased or protected…

2Cases cited1 opinion

  1. St. Louis, Iron Mountain & Southern Railway Co. v. WellsSupreme Court of Arkansas · 1910

3Cited by1 opinion

  1. Missouri & North Arkansas Railroad v. EdwardsSupreme Court of Arkansas · 1913

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