Export Cooperage Co. v. Ramsey
Supreme Court of Arkansas
Appeal from Searcy Circuit Court; J. I. Worthington, Judge; 1. The evidence is not sufficient to sustain the verdict. Appellee failed to meet the burden of proof. No negligence was proven and no defect in the wheel shown. Negligence is not presumed from the happening of the accident.
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Appeal from Searcy Circuit Court; J. I. Worthington, Judge; 1. The evidence is not sufficient to sustain the verdict. Appellee failed to meet the burden of proof. No negligence was proven and no defect in the wheel shown. Negligence is not presumed from the happening of the accident. The burden was on appellee. 69 Ark. 439; 82 Id. 372 ;• 100 Id. 467, 476; 93 Id. 153; 98 Id. 222; 79 Id. 437; lb. 80; 90 Id. 331; 87 Id. 196; 74 Id. 22. 2. Defendant assumed the risk. 95 Ark. 560; 56 Id. 206; 67 Id. 209; 79 Id. 20; 82 Id. 11; 90 Id. 407; 56 Id. 232. There was a total failure of proof to show…
1Opinion of the CourtHumphreys, J.
On the 4th day of April, 1917, appellee brought suit against appellant in the Searcy circuit court to recover damages for an injury received while gumming a mill saw with an emery wheel revolving rapidly by steam power. The complaint contained the following allegations of negligence:
■ “First, in requiring him (appellee) to gum and file said saws with defective machinery, and apparatuses, same being insufficient.
“Second, in negligently and carelessly failing to have a hood or shield in said machinery for protection while he was performing his duty.
“Third, in carelessly and negligently having…
2Cases cited5 opinions
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. WellsSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Arkansas Power & Light Co. v. LumSupreme Court of Arkansas · 1953
- Hall v. PattersonSupreme Court of Arkansas · 1942
- Central Coal & Coke Co. v. LockhartSupreme Court of Arkansas · 1923