St. Louis, Iron Mountain & Southern Railway Co. v. Wirbel
Supreme Court of Arkansas
Appeal from Desha Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This suit was brought by Harry Wirbel, a minor, by his mother, as next friend, to recover damages for a personal injury alleged to have been received on account of the negligence of the defendant, by reason of the collapse of a coal hoisting machine, on its premises in its yards, at McGehee, Arkansas.
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Appeal from Desha Circuit Court; Antonio B. Grace, Judge; STATEMENT BY THE COURT. This suit was brought by Harry Wirbel, a minor, by his mother, as next friend, to recover damages for a personal injury alleged to have been received on account of the negligence of the defendant, by reason of the collapse of a coal hoisting machine, on its premises in its yards, at McGehee, Arkansas. The complaint alleged: “That upon December 15, 1909, the said Harry Wirbel, while in pursuance of his duty, and by and with the consent of the defendant, and while upon the property of the defendant at McGehee,…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that appellee was a trespasser upon its grounds, to whom it owed no duty, except not to wantonly injure him, and in any event that said instruction numbered 1 is erroneous; and, upon the other hand, that appellee was there by invitation of the company and injured by its negligence without fault upon his part.
“As a general rule, the owner and occupier of real estate is under no obligation to make it safe or to keep it in any particular condition for the benefit of trespassers, intruders, mere volunteers, or bare licensees,…
2Cases cited7 opinions
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- Shelby's Adm'r v. Cincinnati, New Orleans & Texas Pacific R. R.Court of Appeals of Kentucky · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
- Arkansas & Louisiana Railway Co. v. SainSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. TomlinsonSupreme Court of Arkansas · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Giem v. Williams, AdministratrixSupreme Court of Arkansas · 1949
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Little Rock Land Company v. RaperSupreme Court of Arkansas · 1968
- Malolepszy v. Central Market, Inc.Nebraska Supreme Court · 1943
- Southwest Cotton Co. v. PopeArizona Supreme Court · 1923
5 more not listed; retrieve them via the Exa API.