St. Louis, Iron Mountain & Southern Railway Co. v. Steed
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This was a suit by appellee for damages for personal injuries sustained, it was alleged, on account of the negligence of the railway company in furnishing defective appliances with which to perform his work. The answer denied the allegations of the complaint and pleaded appellee’s contributory negligence and assumed risk as a bar to the action.
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Appeal from Lawrence Circuit Court; R. E. Jeffery, Judge; STATEMENT BY THE COURT. This was a suit by appellee for damages for personal injuries sustained, it was alleged, on account of the negligence of the railway company in furnishing defective appliances with which to perform his work. The answer denied the allegations of the complaint and pleaded appellee’s contributory negligence and assumed risk as a bar to the action. The facts substantially are that T. H. Steed, a man seventy-two years of age, was in the employ of the railway company in its roundhouse at Hoxie, Arkansas, classed as a…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The court erred in permitting the introduction of the testimony relative to the repairing of the car after the accident and injury and the argument of counsel complained of thereon. It has often been held that evidence of the subsequent repairing of the defective appliance, after an injury has occurred from its use, is incompetent and not permissible to show negligence of the master in furnishing it. Prescott & N. W. R. Co. v. Smith, 70 Ark. 179; St. Louis S. W. Ry. Co. v. Plumlee, 78 Ark. 147; Fort Smith L. & T. Co. v. Soard, 79 Ark. 388; Bodcaw Lbr. Co.…
2Cases cited6 opinions
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
- Helena Hardwood Lumber Co. v. MaynardSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. PlumleeSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. WalkerSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Weigel v. McCloskeySupreme Court of Arkansas · 1914
- Pekin Stave Co. v. RameySupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. BrightSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HydrickSupreme Court of Arkansas · 1913
- Rogers v. SkowSupreme Court of Arkansas · 1935
4 more not listed; retrieve them via the Exa API.