St. Louis Southwestern Railway Co. v. Burdg
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The only allegation of negligence is as to plaintiff’s 'fellow-servant and co-employee.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The only allegation of negligence is as to plaintiff’s 'fellow-servant and co-employee. Defendant is therefore liable, if at all, only under the provisions of the Fellow Servant Act of 1907, which abrogates the common-law rule under which a master was liable for injuries caused by the negligence of a fellow-servant only when there had been a lack of ordinary care on the part of the master in selecting and employing competent servants to work with the injured servant, and makes the master liable for such injuries in the same…
1Opinion of the CourtFrauenthal, J.
J. M. C. Burdg, the plaintiff below, instituted this suit against the St. Louis Southwestern Railway Iowa 561; 81 Wis. 563; 3 Elliott on Railroads (2 ed.), § 1289. Company to recover damages for injuries which he alleged that he received while in the employment of the defendant as a car carpenter. On October 24, 1907, plaintiff was in the employ of the defendant as a car carpenter, and was engaged in the duty of taking a brake rod off of a box car for the purpose of repairing the car. Another employee of the defendant was at the time engaged at work on the top of the car in loosening a heavy…
2Cases cited10 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Ozan Lumber Co. v. BiddieSupreme Court of Arkansas · 1908
- Abbot v. McCaddenWisconsin Supreme Court · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. HarmonSupreme Court of Arkansas · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Duncan v. Montgomery Ward & Co.Court of Appeals for the Eighth Circuit · 1940
- St. Louis-San Francisco Railway Co. v. HallSupreme Court of Arkansas · 1930
- St. Louis Southwestern Railway Co. v. SmithSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. BroganSupreme Court of Arkansas · 1912
- E. L. Bruce Co. v. YaxSupreme Court of Arkansas · 1917
7 more not listed; retrieve them via the Exa API.