Arkansas Southern Ry. Co. v. Loughridge

CourtSupreme Court of Arkansas
Writing for the CourtBunn
Citation45 S.W. 907
PartiesARKANSAS SOUTHERN RY. CO. v. LOUGHRIDGE.
Decision Date14 May 1898

Page 907

45 S.W. 907
ARKANSAS SOUTHERN RY. CO.
v.
LOUGHRIDGE.
Supreme Court of Arkansas.
May 14, 1898.

Appeal from circuit court, Union county; Charles W. Smith, Judge.

Action by J. A. Loughridge against the Arkansas Southern Railway Company to recover for professional services rendered as surgeon. From a judgment for plaintiff, defendant appeals. Affirmed.

Jesse B. Moore, for appellant. W. D. Jamison and Williams & Bradshaw, for appellee.

BUNN, C. J.


This is a suit, tried in the Union circuit court, to recover the value of services rendered by the appellee as physician and surgeon in attending upon a brakeman of appellant company, who had fallen from the cars near Cargile, in Union county, and had one leg crushed, and was otherwise hurt and bruised. Defendant's train proceeding northward had approached near Cargile, one of its stations, when Bascom Williams, a brakeman employed in running the train, was thrown from the cars, and was wounded as stated. The appellee, a regular practicing physician, residing in Eldorado, a few miles north of Cargile, happened to be a passenger on the train at the time. When the accident occurred, the train stopped, and the conductor, Walsh, hurried to the scene of the accident to ascertain what was the matter, having heard that a man was hurt, and, in passing through the passenger coach, requested appellee (as appellee states) to go with him, and look after the wounded man, not knowing, as we infer, at the time, who had been hurt, nor the nature of his hurt; and the appellee did so. The conductor denies having made the request of appellee to go and look after the wounded man, but says he went of his own accord. The other evidence is somewhat conflicting as to this, and it was a question for the jury, and they determined it in favor of plaintiff. Appellee found the said Bascom Williams with one leg crushed, and otherwise wounded and bruised, and bleeding profusely. He soon got the hemorrhage under control, and sent for Dr. Kelly, the company's regularly employed physician. It became necessary for appellee to go at once to his office, in Eldorado, to procure the necessary instruments and appliances and professional assistance, and return to amputate the broken limb. Cargile, who seems to have been nothing more than a stockholder in the railroad company, perhaps a director at most, being informed of appellee's desire and intention to proceed to Eldorado for the purposes stated, immediately sent him forward on the engine; and at Eldorado the appellee engaged the services of Dr. W. J. Pinson, another regular practicing physician of that place, and they returned to the scene of the accident,

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and immediately amputated the broken limb; but finding the bruises extending higher than at first appeared, for want of sound skin to make the necessary flap, a second amputation was made. The patient died the following day. Some doubt seems to have been entertained as to whether the company was liable for the services thus rendered, and considerable negotiation seems to have been had on the subject; C. C. Henderson, the general manager of the...

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8 practice notes
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • May 26, 1927
    ...Stewart v. Ewbank, 3 Iowa, 191; State v. Whitesides, 49 La.Ann. 352, 21 So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the ......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...v. Ewbank, 3 Iowa, 191; State v. Whitesides, 49 La. Ann. 352, 21 So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the statute." ......
  • Sheehan v. Elliott Mfg. Co.
    • United States
    • Supreme Court of New Hampshire
    • March 5, 1929
    ...office of the company (Terre Haute & Ind. R. R. Co. v. McMurray, supra; Arkansas Southern R. R. Co. v. 145 A. 141 Loughridge, 65 Ark. 300, 45 S. W. 907), and, as respects railroads, has been extended to injuries to passengers (St. Louis A. & T. R. Co. v. Hoover, 53 Ark. 377, 13 S. W. 1092),......
  • Carson v. Chicago, Milwaukee & St. Paul Railway Co., 31322
    • United States
    • United States State Supreme Court of Iowa
    • October 18, 1917
    ...(N.S.) 63; Ohio & Mississippi R. Co. v. Early, (Ind.) 28 L.R.A. 546; [181 Iowa 318] Arkansas Southern R Co. v. Loughridge, 65 Ark. 300 (45 S.W. 907). No duty to provide for medical aid could have been implied save from the circumstance that the emergent injury occurred in effectuating the p......
  • Request a trial to view additional results
8 cases
  • Batson v. State, 6 Div. 798
    • United States
    • Supreme Court of Alabama
    • May 26, 1927
    ...Stewart v. Ewbank, 3 Iowa, 191; State v. Whitesides, 49 La.Ann. 352, 21 So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell v. State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the ......
  • Rose v. Magro, 6 Div. 468.
    • United States
    • Supreme Court of Alabama
    • October 24, 1929
    ...v. Ewbank, 3 Iowa, 191; State v. Whitesides, 49 La. Ann. 352, 21 So. 540; Arkansas Southern Railway Co. v. Loughridge, 65 Ark. 300, 45 S.W. 907; Ferrell State, 45 Fla. 26, 34 So. 220; Turner v. Hahn, 1 Colo. 23. The court called upon the parties to exercise their rights under the statute." ......
  • Sheehan v. Elliott Mfg. Co.
    • United States
    • Supreme Court of New Hampshire
    • March 5, 1929
    ...office of the company (Terre Haute & Ind. R. R. Co. v. McMurray, supra; Arkansas Southern R. R. Co. v. 145 A. 141 Loughridge, 65 Ark. 300, 45 S. W. 907), and, as respects railroads, has been extended to injuries to passengers (St. Louis A. & T. R. Co. v. Hoover, 53 Ark. 377, 13 S. W. 1092),......
  • Carson v. Chicago, Milwaukee & St. Paul Railway Co., 31322
    • United States
    • United States State Supreme Court of Iowa
    • October 18, 1917
    ...(N.S.) 63; Ohio & Mississippi R. Co. v. Early, (Ind.) 28 L.R.A. 546; [181 Iowa 318] Arkansas Southern R Co. v. Loughridge, 65 Ark. 300 (45 S.W. 907). No duty to provide for medical aid could have been implied save from the circumstance that the emergent injury occurred in effectuating the p......
  • Request a trial to view additional results

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