Missouri & North Arkansas Railroad v. Vanzant
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. There was no evidence of negligence. Negligence of the master, in cases of this character, will not be inferred merely from the happening of the accident, but the burden is on the plaintiff to prove it. 89 Ark. 50; 79 Ark. 437; 91 Ark. 388. 2. Plaintiff assumed the risk of injury. 97 Ark. 486. 1. Appellant made no objections to the testimony or to the instruction, and can not be heard to complain about them in this…
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Appeal from Searcy Circuit Court; George W. Reed, Judge; 1. There was no evidence of negligence. Negligence of the master, in cases of this character, will not be inferred merely from the happening of the accident, but the burden is on the plaintiff to prove it. 89 Ark. 50; 79 Ark. 437; 91 Ark. 388. 2. Plaintiff assumed the risk of injury. 97 Ark. 486. 1. Appellant made no objections to the testimony or to the instruction, and can not be heard to complain about them in this court. 46 Ark. 96; 70 Ark. 348; 71 Ark. 242. . The question of negligence was one of fact to be determined by the jury…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by the appellee to recover damages for personal injuries which he alleged he sustained by reason of appellant’s negligence. Appellee was employed by appellant as a section hand, and one of his duties was to assist in loading cotton on cars. ' On the occasion of the alleged injury, he and two other section hands of appellant were engaged in loading some bales of cotton from the depot platform at the station of Gilbert into a box car. The box car was located upon a sidetrack about 16 feet from the platform, which consisted of cinders raised about two feet above the…
2Cases cited10 opinions
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Railway Co. v. KeltonSupreme Court of Arkansas · 1892
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ramsouer v. Midland Valley R. Co.Court of Appeals for the Eighth Circuit · 1943
- Phillips Petroleum Co. v. JenkinsSupreme Court of the United States · 1936
- Duncan v. Montgomery Ward & Co.Court of Appeals for the Eighth Circuit · 1940
- Missouri Valley Bridge & Iron Co. v. MaloneSupreme Court of Arkansas · 1922
- Johnson v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1917
2 more not listed; retrieve them via the Exa API.