A. L. Clark Lumber Co. v. Northcutt
Supreme Court of Arkansas
Appeal from Pike Circuit Court; lames S. Steel, Judge; McRae & Tompkins and D. L. McRae, for appellant. Under the circumstances plaintiff can not be heard to say that he did not know the car was on the track wrong end in front. 79 Ark. 241; 41 Ark. 542; 48 Ark. 333; 58 Ark. 125; 78 Ark. 520. Plaintiff is presumed to have been aware of the danger arising from the act of so placing the car on the track. 122 S. W. 118; 126 S.'W. 375; 76 Ark. 69. He assumed the risk of the…
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Appeal from Pike Circuit Court; lames S. Steel, Judge; McRae & Tompkins and D. L. McRae, for appellant. Under the circumstances plaintiff can not be heard to say that he did not know the car was on the track wrong end in front. 79 Ark. 241; 41 Ark. 542; 48 Ark. 333; 58 Ark. 125; 78 Ark. 520. Plaintiff is presumed to have been aware of the danger arising from the act of so placing the car on the track. 122 S. W. 118; 126 S.'W. 375; 76 Ark. 69. He assumed the risk of the danger incident to the riding of the car so placed on the track. 56 Ark. 237; 58 Ark. 125. An instruction which singles out…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by a servant to recover damages which he alleged he sustained by reason of the negligence of his employer. The defendant .below owned and operated a railroad in, connection with its sawmill and lumber plant, and the plaintiff received the injuries complained of while in its employment as a section hand. The injury occurred by reason of the derailment of a handcar upon which the plaintiff at the time was riding at the close of the day’s work, and while the car was being taken to the tool house. At the time the section crew was preparing to quit the day’s work the…
2Cases cited8 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Southwestern Telephone Co. v. WoughterSupreme Court of Arkansas · 1892
- St, Louis, Iron Mountain & Southern Railway Co. v. TouheySupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. RickmanSupreme Court of Arkansas · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Knowles v. BlueSupreme Court of Alabama · 1923
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
- Fullerton v. Henry Wrape Co.Supreme Court of Arkansas · 1912
- Inter-Ocean Casualty Co. v. CopelandSupreme Court of Arkansas · 1931
- Arkansas Land & Lumber Co. v. FitzhughSupreme Court of Arkansas · 1920
11 more not listed; retrieve them via the Exa API.