Ft. Smith Oil Co. v. Slover
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. C. J. Frederick, Special Judge. STATEMENT BY THE COURT. The appellees, the widow and only son of John Slover, deceased, recovered a judgment against the appellant in the sum of $2500, damages on account of the death of said Slover caused by an injury received by him through the negligence, as the complaint alleges, of Mike Burke, the superintendant of the oil department of the appellant’s cotton seed oil mill and…
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Appeal from Sebastian Circuit Court, Fort Smith District. C. J. Frederick, Special Judge. STATEMENT BY THE COURT. The appellees, the widow and only son of John Slover, deceased, recovered a judgment against the appellant in the sum of $2500, damages on account of the death of said Slover caused by an injury received by him through the negligence, as the complaint alleges, of Mike Burke, the superintendant of the oil department of the appellant’s cotton seed oil mill and cotton compress, which were in two distinct and separate departments in the same building, the oil department being on an…
1Opinion of the CourtHughes, J.
Twenty-eight instructions were given in this case, an equal number for the plaintiff and the defendant. Sixteen asked by the defendant were refused. There was no evidence upon which to base the fourth instruction, as modified and given by the court, for the plaintiff below. The sixteenth given for the plaintiff, to the effect that the burden of proving negligence on the part of the defendant was on the plaintiffs, and of proving contributory negligence on the part of the deceased was upon the defendant, accords with the rules settled by the former decisions of this court.
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2Cases cited3 opinions
- Cole v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Lothrop v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1890
- Fargason v. EdringtonSupreme Court of Arkansas · 1887
3Cited by12 opinions
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Schaff v. CoyleSupreme Court of Oklahoma · 1925
- Western Coal & Mining Co. v. CorkilleSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Archer-Foster Construction Co. v. VaughnSupreme Court of Arkansas · 1906
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