Dozier v. Missouri Pacific Railroad Co.

• Decision Date: 12 March 1928
• Docket Number: 284
• Citation: 3 S.W.2d 678,176 Ark. 651
• Parties: DOZIER v. MISSOURI PACIFIC RAILROAD COMPANY
• Court: Arkansas Supreme Court

3 S.W.2d 678

176 Ark. 651

DOZIER v. MISSOURI PACIFIC RAILROAD COMPANY

No. 284

Supreme Court of Arkansas

March 12, 1928

Appeal from Marion Circuit Court; J. F. Koone, Judge; affirmed.

Judgment affirmed.

J. H Black, for appellant.

OPINION

MCHANEY, J.

Appellant brought this action under the Federal Employers' Liability Act to recover damages for personal injuries received by him early in the morning of October 12, 1925, while working for appellee in the capacity of section foreman, at or near Buffalo, Arkansas. Appellant was an experienced section man, having been employed by appellee in such capacity for eight years, six of which he had been its foreman, and had never had an accident.

On the morning of October 12, about 8 o'clock, he took his motor-car from the tool-house, with a helper, to go over the track on his section, to ascertain if there were any washouts or obstructions on the track, a heavy rain having fallen, which was still continuing at the time. The motor on his car was operating badly on account of the rain, and it was necessary for his helper to push the car a distance before it started to run. He had gone only a short distance when he had a head-on collision with another motor-car operated by appellee's superintendent, receiving severe and painful personal injuries. The superintendent's car was much larger than the section foreman's car, and could not be removed from the track, as could appellant's car. On this account the superintendent's car was operated under orders of the dispatcher, and, on this particular morning, was running as an extra, just as if it had been a train. The collision occurred on a sharp curve. Appellee had a rule applicable to appellant, to the effect that he should expect trains at any time, without warning or notice, and from any direction, and, in order to protect himself, to put out a flag each way, in front and behind. This rule was not complied with. Appellant admitted also that he did not get a line-up, that is, that he did not go to the station agent at the station of Buffalo and get a line-up on all trains overdue or any extra trains. Appellee had a rule that required this to be done when practicable. Appellant says he did not comply with this rule for the reason that the station agent was always late, and went on duty at 8:30, although the station agent lived in the depot at Buffalo, from whom he could have got a line-up on all trains, including...