American Railway Express Co. v. Davis
Supreme Court of Arkansas
Appeal from Little Biver Circuit Court, James S. ' Steel, Judge; 1. On appellant’s petition the cause should have been removed to the Federal court.
Read the full summary
Appeal from Little Biver Circuit Court, James S. ' Steel, Judge; 1. On appellant’s petition the cause should have been removed to the Federal court. Both parties are non-residents of this State, the jurisdictional amount is involved, and there is a diversity of citizenship between the plaintiff and the defendant. 265 Fed. 715; 245 Id. 169; 251 Id. 337; 256 Id. 882; 261 Id. 697. 2. Appellant cannot properly be held liable, and the court should so have instructed, the jury, if Garrison and Davis, at the time the injury was inflicted, were engaged, not in the service of the master, but in play…
1DissentHumphreys, J.
I cannot agree with the majority in their interpretation of the evidence. As I read it, tlie depot agent, Clyde E. Garrison, drew the pistol upon the deceased, who was an employee of the appellant under the immediate direction of Garrison, for the purpose of making him go to work for the express company. Garrison had ordered Davis two or three times to go to work, but Davis persisted in playing with him. Garrison knew he was afraid of a gun, and in order to require the deceased to go to work, drew the gun upon him. No one. knew' the purpose for which the gun was drawn better than Garrison…
2Cases cited6 opinions
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- Hershy v. LathamSupreme Court of Arkansas · 1885
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Bryeans v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1918
- Kansas City Southern Railway Co. v. SkinnerSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.