Johnson v. Mammoth Vein Coal Co.
Supreme Court of Arkansas
Appeal- from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Johnson brought suit against the Mammoth Vein Coal Company for a personal injury received in its mine; and, after hearing the evidence adduced, the circuit judge directed a verdict to be returned in favor of the defendant. The sole question on this appeal is whether the plaintiff’s testimony presented such facts as would justify the case going to the jury.
Read the full summary
Appeal- from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Johnson brought suit against the Mammoth Vein Coal Company for a personal injury received in its mine; and, after hearing the evidence adduced, the circuit judge directed a verdict to be returned in favor of the defendant. The sole question on this appeal is whether the plaintiff’s testimony presented such facts as would justify the case going to the jury. Johnson’s testimony was to the following effect: He was an experienced miner, working in room No. 2, east entry, of the mine of the Mammoth…
1DissentMcCueeoch, C. J.
I do not hesitate in following the line of cases which are approved in the majority opinion, holding that the servant does not assume the risk of danger created by the failure of the master to perform the statutory duty of furnishing a safe place. While the authorities on that question are nearly evenly divided numerically, I think those which hold against the servant’s assumption of risk under those circumstances are more in accord with sound reason and with natural justice. But what I object to in the decision of the majority is the application of that rule to a statute which does not…
2Cases cited7 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Diamond Block Coal Co. v. CuthbertsonIndiana Supreme Court · 1906
- Green v. Western American Co.Washington Supreme Court · 1902
- Durant v. Lexington Coal Mining Co.Supreme Court of Missouri · 1888
- Murphy v. Grand Rapids Veneer WorksMichigan Supreme Court · 1906
2 more not listed; retrieve them via the Exa API.