St. Louis Southwestern Railway Co. v. Ellenwood
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Under the Federal Employer’s Liability Act, as construed by the courts, under the evidence there is no liability: (1) Because no negligence was proven. (2) Because appellee assumed the risk.
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Appeal from Dallas Circuit Court; Turner Butler, Judge; 1. Under the Federal Employer’s Liability Act, as construed by the courts, under the evidence there is no liability: (1) Because no negligence was proven. (2) Because appellee assumed the risk. The ear was a bad order oar. 233 U. S. 492, 501-3; 92 Atl. 1060; 144 Pac. 762; 118 Ark. 304; 177 S. W. 875; 95 Ark. 562; 167 S. W. 128; 125 Id. 1056; 58 Tex. 434; 135 Mass. 418; 61 111. 131; 59 Kans. 72; 144 Pae. 763; 76 Ark. 69; 7 N. W. 337; 179 II. S. 658; 211 Id. 459; 29 N. W. 173; 44 S. E. 709; 96 Fed. 713; 169 Id. 557; 105 S. W. 747; 65 Fed.…
1Opinion of the CourtHart, J.
W. O. Ellenwood sued the St. Louis Southwestern Railway Company to recover damages for personal injuries which he alleges he sustained by reason of the negligence of the railway company while in its employment as yard master. The defendant denied liability upon the ground that it was not guilty of negligence and that the plaintiff assumed the risk.
The issues were tried before a jury which returned a verdict for the plaintiff. From the judgment rendered tjhe defendant has appealed. The material facts relating to the happening of the accident are as follows:
The plaintiff was severely injured on…
2Cases cited8 opinions
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. BrittonSupreme Court of Arkansas · 1913
- McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Brookhaven Lumber & Mfg. Co. v. Illinois Central R. R.Mississippi Supreme Court · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Larimore v. StateSupreme Court of Arkansas · 1992
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Missouri Pacific Railroad Co. v. HancockSupreme Court of Arkansas · 1938
- Gibson Oil Company v. SherrySupreme Court of Arkansas · 1927
- Ellsworth Brothers Truck Lines, Inc. v. CanadySupreme Court of Arkansas · 1969
36 more not listed; retrieve them via the Exa API.