Legal Opinion

Wisconsin & Arkansas Lumber Co. v. Smith

Supreme Court of Arkansas

Decided December 12, 1921Published

Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; STATEMENT OP PACTS. Ernest Smith sued the Wisconsin & Arkansas Lumber Company to recover damages for being negligently injured by said company while in its employment. In October, 1920, Ernest Smith was working for the Wisconsin & Arkansas Lumber Company as a section hand for $3.50 per day.

Read the full summary

Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; STATEMENT OP PACTS. Ernest Smith sued the Wisconsin & Arkansas Lumber Company to recover damages for being negligently injured by said company while in its employment. In October, 1920, Ernest Smith was working for the Wisconsin & Arkansas Lumber Company as a section hand for $3.50 per day. At the time he was injured he was engaged in the work of surfacing the log road of the company, and there were about ten members of the section crew. They went to and from their work in two motor cars. They started home in the two cars. The rear car…

1Opinion of the Court

Hast, J.,

(after státing the facts). It is first earnestly insisted by counsel for the defendant that the evidence is not legally sufficient to support the verdict.

We do not agree with counsel in this contention. According to the evidence adduced in favor of the plaintiff, the two cars weighed 900 lbs. each, and it was an •unusual thing to run them coupled together. It was also unusual to run them at such a high rate of speed as from twenty to thirty miles an hour.

It is fairly inferable from the- testimony of the plaintiff that 'the wreck was caused 'by the rear car bumping into the front car…

2Cases cited5 opinions

  1. McArthur v. StateSupreme Court of Arkansas · 1894
  2. St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
  3. St. Louis, Iron Mountain & Southern Railway Co. v. DowgialloSupreme Court of Arkansas · 1907
  4. St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
  5. Geren v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1911

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API