St. L., I. M. & S. R'y v. Morgart's Adm'x.
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. X. While it may be the duty of a railroad, to the public, to provide and maintain a firm road-bed and safe track at all times, it is not so as to its employes. One of the .ordinary duties and risks of an employe on a gravel train, whose duty it is to. assist in keeping up the road-bed, is the passing over track not always safe and secure.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. X. While it may be the duty of a railroad, to the public, to provide and maintain a firm road-bed and safe track at all times, it is not so as to its employes. One of the .ordinary duties and risks of an employe on a gravel train, whose duty it is to. assist in keeping up the road-bed, is the passing over track not always safe and secure. The extent of the company’s liability goes no farther than the warning, by usual and customary signals, that a defect exists, against which the employe must guard by proper caution. 39…
1Opinion of the CourtSmith, J.
The plaintiff’s intestate was the conductor of a gravel train on the defendant’s road, and was killed in a wreck which occurred near the bridge over Hurricane creek. The complaint counted upon negligence in the defendant company in three particulars: 1, In not providing'a secure track; 2, In not causing signals to be given to the train before it reached the place of danger; and, 3, In the employment of a reckless and incompetent engineer.
The answer denied specifically the alleged acts of negligence and averred that the deceased lost his life by his own negligence, or by that of a…
2Cases cited6 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Dewey v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
- Columbus, Chicago & Indiana Central Railway Co. v. TroeschIllinois Supreme Court · 1873
- Moon's Adm'r v. R. & A. R. R.Supreme Court of Virginia · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Choctaw, Oklahoma & Gulf Railroad v. DoughtySupreme Court of Arkansas · 1905
- Lagler v. RochIndiana Court of Appeals · 1914
- Arlington Hotel Co. v. TannerSupreme Court of Arkansas · 1914
- Railway Co. v. MorgartSupreme Court of Arkansas · 1892
- Burdette Cooperage Co. v. BuntingSupreme Court of Arkansas · 1914
2 more not listed; retrieve them via the Exa API.