Helena Hardwood Lumber Co. v. Maynard
Supreme Court of Arkansas
Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. This suit was brought by appellee for damages for the -wrongful death of the intestate, her husband, alleged to have been negligently caused by the appellant. It was alleged that at- the time of the death of her intestate the defendant was loading logs on cars at Rondo in Ree County with a loading derrick or log loader (describing it) near railroad track.
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Appeal from Phillips Circuit Court; Hance N. Hutton, Judge; statement by the court. This suit was brought by appellee for damages for the -wrongful death of the intestate, her husband, alleged to have been negligently caused by the appellant. It was alleged that at- the time of the death of her intestate the defendant was loading logs on cars at Rondo in Ree County with a loading derrick or log loader (describing it) near railroad track. That the clamps on the guy ropes were negligently and unskillfully fastened, permitting the wires to slip through them and allowing the derrick to fall. That…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in giving said instruction No. 1, which it is claimed in effect directs a verdict for plaintiff if her intestate was working for the defendant unless he was guilty of contributory negligence, and disregards the defense of assumed risk on his part. Upon the other hand, it is contended by appellee that the jury were properly instructed, in separate instructions requested by defendant, both as to the law of assumed risk and contributory negligence, and that no prejudice could have resulted to plaintiff on account of giving…
2Cases cited2 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
3Cited by8 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- Brunson v. TeagueSupreme Court of Arkansas · 1916
- Dare v. HarperSupreme Court of Arkansas · 1911
- Hudgins v. MazeSupreme Court of Arkansas · 1969
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