Athletic Mining & Smelting Co. v. Sharp
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. There is no substantial evidence of negligence and plaintiff assumed the risk as matter of law. A peremptory instruction should have been given for defendant. 122 Ark. 445. But plaintiff was guilty of negligence and assumed the risk. No negligence of defendant or its employees was proven. The rabble rake was in operation.
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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; 1. There is no substantial evidence of negligence and plaintiff assumed the risk as matter of law. A peremptory instruction should have been given for defendant. 122 Ark. 445. But plaintiff was guilty of negligence and assumed the risk. No negligence of defendant or its employees was proven. The rabble rake was in operation. The physical facts show this. 79 Ark. 608. There was no duty to warn, plaintiff knew the circumstances. Plaintiff can not recover as a matter of law. The master did not know of the danger. 35…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the circuit court of the Fort Smith District of Sebastian County to recover damages in the sum of $3,000 for an injury received, due to the alleged negligence of appellant in constructing a track and bull wheel for its smelter in such close proximity to a supporting form for a pier of an ore dryer as to make it necessarily dangerous and hazardous for its employees to construct a pier; in operating the rabble rake and bull wheel; and in starting the rabble rake without giving notice or warning to appellee.
Appellant answered, denying that appellee…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BroganSupreme Court of Arkansas · 1912
- E. L. Bruce Co. v. YaxSupreme Court of Arkansas · 1917
3Cited by14 opinions
- State Ex Rel. Board of Commissioners v. WrightWyoming Supreme Court · 1945
- Rice v. Lonoke-Cabot Road Improvement District No. 11Supreme Court of Arkansas · 1920
- State ex rel. Williams v. RobbSupreme Court of Kansas · 1947
- Dierks Lumber Coal Company v. NolesSupreme Court of Arkansas · 1941
- Ford v. Plum Bayou Road Improvement DistrictSupreme Court of Arkansas · 1924
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