St. Louis Southwestern Railway Co. v. McLaughlin
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Chas. W. Smith, Judge; 1. The theory of appellant is that appellee was a trespasser; that his peril was not discovered until the injury, and there is no liability unless after discovering . his peril he was wilfully or wantonly injured. 97 Ark. 137, 140-1; 76 Id. 106. 2. The law as to discovered peril is well settled.
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Appeal from Columbia Circuit Court; Chas. W. Smith, Judge; 1. The theory of appellant is that appellee was a trespasser; that his peril was not discovered until the injury, and there is no liability unless after discovering . his peril he was wilfully or wantonly injured. 97 Ark. 137, 140-1; 76 Id. 106. 2. The law as to discovered peril is well settled. The company is not liable except for wanton, wilful or intentional injury, or the trainmen were guilty of negligence after discovering his peril. 47 Ark. 497; 62 Id. 170; 75 Id. 579; 83 Id. 300; 69 Id. 380; 77 Id. 401; 76 Id. 10; 82 Id. 522;…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff, Arthur McLaughlin, instituted this action in the circuit court of Columbia County to recover damages by reason of personal injuries received while he was riding on a gravel train operated by defendant. Plaintiff was an employee of defendant, but had nothing to do with the operation of the train. He was a member of a bridge gang, and while working at Onalaska, a station about ten or twelve miles north of Camden, he obtained permission from the engineer of a gravel train to ride down to Camden for the purpose of obtaining some of his wearing apparel which he had previously sent to…
2Cases cited4 opinions
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Adams v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1907
- Kruse v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. ReedSupreme Court of Arkansas · 1905
3Cited by6 opinions
- Webb v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1919
- Chicago, Rock Island & Pacific Railway Co. v. GlascockSupreme Court of Arkansas · 1933
- Rogers v. WoodsSupreme Court of Arkansas · 1931
- Lee v. Helena, Parkin & Northern Railway Co.Supreme Court of Arkansas · 1917
- Missouri Pac. Railroad Co. v. PatySupreme Court of Arkansas · 1931
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