Arkansas Land & Lumber Co. v. Cook

Hart, J.,

(after stating the facts). The first assignment of error is that the judgment should be reversed because the court gave instruction No. 1, over the objection of the defendant. The instruction is as follows:

“The court instructs the jury that, if you find from a preponderance of the evidence in this case that the plaintiff was in the employ of the defendant company and was working for it under the orders and directions of its foreman, and you find from the evidence that he was in the exercise of ordinary care for his own protection, and you find from the evidence that he had not…