Crockett v. Missouri Pacific Railroad Co.
| Decision Date | 13 May 1929 |
| Docket Number | 291 |
| Parties | CROCKETT v. MISSOURI PACIFIC RAILROAD COMPANY |
| Court | Arkansas Supreme Court |
Appeal from Hempstead Circuit Court; J. H. McCollum, Judge affirmed.
STATEMENT OF FACTS.
Appellant brought this suit for damages for personal injuries alleged to have been caused by the negligence of the railroad company resulting in the death of her intestate, Harrington Johnson.
The decedent was employed as section-hand at work on the track near Traskwood, and went to his home at Hope to spend Sunday being directed by his foreman to come back on train No. 6 on Sunday to begin work on Monday, the foreman at the time telling the hands that No. 6 would stop at the station for them on the return. When he was returning on the train Sunday the section foreman, Lockwood, got on the train somewhere below Malvern, the last regular stop for this train west of the camp where the section or track work was being done, and told decedent and other laborers that No. 6 would not stop at the station for them, and they would get off the train at Malvern, which they did. He then directed that they go on from Malvern to Traskwood, from where they were working, on a motorcar which he provided, and, while they were proceeding the car on which they were riding collided with another motorcar, and one man was killed and the decedent was injured. He was taken to the hospital, where he remained three or four days, and then went on down to his home at Hope. He was only treated for laceration of a finger at the hospital, and after he was discharged he talked with the claim agent about his injuries relative to a settlement. He went down to his home, and, while there, one of the physicians of the railroad company examined his finger, and told him that it was well, and also asked him why he was visiting the office of an attorney, thinking maybe he contemplated a suit against the railroad company, and was told that the attorney was collecting some accident insurance for him. He returned 20 days later, made a settlement of his claim for damages with the claim agent of the company for $ 50, which was paid, and gave the company a full release for all damages, present and prospective, that might result from the injury. He died a short time later, and the record does not disclose what caused his death, the court refusing to allow the appellee to show by the physicians who attended him that it resulted from typhoid fever.
Appellee denied liability, alleging that the injury occurred while the decedent was riding on a motorcar in violation of the rules of the company, and pleaded a release from him in bar of the action. The release...
To continue reading
Request your trial
-
Hutcheson v. Frito-Lay, Inc.
...1939, 198 Ark. 699, 130 S.W.2d 720; Toland v. Uvalde Construction Co., 1939, 198 Ark. 172, 127 S.W.2d 814; and Crockett v. Missouri Pac. R. Co., 1929, 179 Ark. 527, 16 S.W.2d 989, wherein the Arkansas Supreme Court stated at page 990 of 16 "The undisputed testimony shows that appellant\'s i......
-
Warren v. Cohen
...Indiana law; Haws v. Luethje, 503 P.2d 871 (Okl.1972); Hutton v. Davis, 26 Ariz.App. 215, 547 P.2d 486 (1976); Crockett v. Missouri Pac. R. Co., 179 Ark. 527, 16 S.W.2d 989 (1929); Fuller v. Atchison, T. & S. F. Ry. Co., 124 Kan. 66, 257 P. 971 (1927).Minority view: Brown v. Moore, 247 F.2d......
-
Mississippi River Fuel Corp. v. Hamilton
... ... as it had work for him to do ... In ... Crockett v. Mo. Pac. Rd. Co., 179 Ark. 527, ... 16 S.W.2d 989, this court said: ... to the railroad company for all damages or injuries, ... including both known and unknown ... ...
-
Mississippi River Fuel Corporation v. Hamilton
...day. He went back to work for appellants a short time later and worked as long as it had work for him to do. In Crockett v. Missouri Pac. R. Co., 179 Ark. 527, 16 S.W.2d 989, 990, this court said: "The undisputed testimony shows that appellant's intestate, the person injured in the collisio......