Walker v. Louis Werner Sawmill Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court. Joel D. Conway, Judge. statement by the court. On July 29th, 1902, plaintiff, Lee Walker, filed his amended and substituted complaint, in which he alleged that he was a minor, and sued by D. C. Walker, his next friend, and that, on the 22d day of November, 1901, he was in the employ of the defendant as a common workman, assisting in running one of its trains, which train was engaged principally in hauling logs to the mill owned by the…
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Appeal from Nevada Circuit Court. Joel D. Conway, Judge. statement by the court. On July 29th, 1902, plaintiff, Lee Walker, filed his amended and substituted complaint, in which he alleged that he was a minor, and sued by D. C. Walker, his next friend, and that, on the 22d day of November, 1901, he was in the employ of the defendant as a common workman, assisting in running one of its trains, which train was engaged principally in hauling logs to the mill owned by the defendant at Sayre, Arkansas; that he had no experience in running trains or engines, which was well known to the defendant;…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Conceding that -the appellee was guilty of negligence, which we think the proof tends to show, still there is nothing to show that such negligence was the proximate cause of the injury, or concurred in producing it, and, if it did, then it is clear from appellant’s testimony that his own negligence also contributed. While appellant testifies that the night was dark, and that the headlight was not burning, and that he had no lantern, and that no signal was given before starting, still it does not appear that, if the headlight had been burning, it would have…
2Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
- Warren Vehicle Stock Co. v. SiggsSupreme Court of Arkansas · 1909
- Hutson Motor Company v. LakeSupreme Court of Arkansas · 1935