Mcgee v. Smitherman
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. MaRtin, Judge. No one can recover for an injury which he brought upon himself. 41 Ark. 542; 45 Ark. 318; 46 Ark. 388; 36 Ark. 371; 36 Ark. 41; 62 Ark. 245; 56 Ark. 271. The engineer and appellee were fellow servants.
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Appeal from Pulaski Circuit Court. Joseph W. MaRtin, Judge. No one can recover for an injury which he brought upon himself. 41 Ark. 542; 45 Ark. 318; 46 Ark. 388; 36 Ark. 371; 36 Ark. 41; 62 Ark. 245; 56 Ark. 271. The engineer and appellee were fellow servants. The appellee cannot recover if his injuries were caused by the engineer. 39 Ark. 21; 42 Ark. 417; 61 Ark. 302. The instruction as to measure of damage is erroneous in that it does not limit the amount of recovery. 61 Mo. 19; 57 Mo. App. 335; 20 Ill. 449; 4 Col. 353 ; 10’Col. 535; 19 Mo. App. 107; 39 Ill. 164; 60 Ark. 481. If the…
1Opinion of the CourtBattle, J.
This action was brought by Smitherman against McG-ee, Ivahman & Co. to recover the damages he sustained by reason of personal injuries which he received while in defendant’s employment. He alleged, in his complaint, that the defendants were, on the 6th clay of June, 1899, bridge contractors, and had a contract with the Little Rock Bridge Company to construct what is known as the Choctaw and Memphis Bridge across the Arkansas river at Little Rock, Ark.; that on that day he was in the employment of defendants as a carpenter, and engaged in building caissons for the construction of the bridge,…
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