Newport Manufacturing Co. v. Alton
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Bene H. Coleman, Judge; 1. Alton assumed the risk. He was experienced and knew of the defects. 95 Wis. 6; 60 Am. St. 66, ,68: 188 S. W. 549, 551. The danger was obvious. 2. The witnesses who testified as experts were either incompetent, or, .if competent, proved Alton to be more of an expert than they and bound him to a full appreciation of the danger. The testimony was not expert but simple speculation.
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Appeal from Jackson Circuit Court; Bene H. Coleman, Judge; 1. Alton assumed the risk. He was experienced and knew of the defects. 95 Wis. 6; 60 Am. St. 66, ,68: 188 S. W. 549, 551. The danger was obvious. 2. The witnesses who testified as experts were either incompetent, or, .if competent, proved Alton to be more of an expert than they and bound him to a full appreciation of the danger. The testimony was not expert but simple speculation. It was incompetent and prejudicial. 56 Ark. 612; 78 Id. 55; 85 Id. 488; Note, 51 L. R. A. (N. S.) 566. 3. The hypothetical questions were unfair and…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the-Jackson Circuit Court to recover $2,900 for an injury to his hand received on the 31st day of May, 1916, while operating a cut-off saw in appellant’s handle factory located at Newport. The gist of the complaint was that the injury occurred on account of the negligence of appellant in furnishing a saw with two teeth out, which rendered the saw unsafe and dangerous. Appellant answered that appellee was guilty of contributory negligence, and had assumed all risk incident to the employment. The cause was heard upon the pleadings, oral evidence and…
2Cases cited5 opinions
- Erdman v. Illinois Steel Co.Wisconsin Supreme Court · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Marcum v. Three States Lumber Co.Supreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. ManganSupreme Court of Arkansas · 1908
- Dardanelle Pontoon Bridge & Turnpike Co. v. CroomSupreme Court of Arkansas · 1910
3Cited by11 opinions
- Arkansas Baking Company v. WymanSupreme Court of Arkansas · 1932
- Dorr, Gray & Johnston v. HeadstreamSupreme Court of Arkansas · 1927
- Missouri State Life Insurance v. FodreaSupreme Court of Arkansas · 1932
- Roach v. HaynesSupreme Court of Arkansas · 1934
- Blanton v. Mo. Pac. R.R. Co.Supreme Court of Arkansas · 1930
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