Scullin v. Newman
Supreme Court of Arkansas
Appeal from Boone Circuit Court; John I. Worthington, Judge; 1. Under the undisputed testimony it is clear that the original injury was the result of a risk assumed by him, and the court should have peremptorily instructed a verdict for defendants.
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Appeal from Boone Circuit Court; John I. Worthington, Judge; 1. Under the undisputed testimony it is clear that the original injury was the result of a risk assumed by him, and the court should have peremptorily instructed a verdict for defendants. Act No. 88, Acts 1911, does not eliminate the doctrine of assumed risk as a defense. 119 Ark.’477; 82 Ark. 11; 53 Id. 117; 54 Id. 389; 89 Id. 427; 93 Id. 564; 104 Id. 489; 101 Id. 537. The case in 228 Fed. 872-5, is peculiarly applicable to the facts in this case. 2. Future promises of employment do not constitute such fraudulent misrepresentation…
1Opinion of the CourtWood, J.
This suit was instituted by the appellee, a car repairer in the employ of the appellants, for damages on account of personal injuries alleged to have been sustained by him October 9, 1915. Appellee alleges that he, in company with a fellow workman, was ordered by his foreman to repair a car sill which was about 40 feet long and weighed about 700 pounds; that for the purpose of stripping it and removing the irons it was necessary to move' the sill on to blocks; that while moving the same the sill fell and a stirrup on the same caught appellee’s leg under it, severing the muscle on the front…
2Cases cited3 opinions
- Kansas City Southern Railway Co. v. ArmstrongSupreme Court of Arkansas · 1914
- Conoway v. NewmanSupreme Court of Arkansas · 1909
- St. Louis & S. F. Ry. Co. v. DearbornCourt of Appeals for the Fifth Circuit · 1894
3Cited by3 opinions
- Interstate Freeway Services, Inc. v. HouserSupreme Court of Arkansas · 1992
- Interstate Freeway Services, Inc. v. HouserSupreme Court of Arkansas · 1992
- National Union Fire Insurance v. School DistrictSupreme Court of Arkansas · 1917