L. J. Smith Construction Co. v. Tate
Supreme Court of Arkansas
Appeal from Boone Circuit Court; J. M. Shinn, Judge; Appellant was not an insurer of the safety of the deceased. 18 R. C. L. par. 60, p. 544; 80 Ark. 260; 59 Ark. 465; 56 Ark. 206; 56 Ark. 232. The fact that deceased was injured while doing appellant’s work, is not sufficient in itself to create liability. 91 Ark. 389; 79 Ark. 437; The fact that the chain was twisted and the injury to deceased resulted thereform is not enough.
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Appeal from Boone Circuit Court; J. M. Shinn, Judge; Appellant was not an insurer of the safety of the deceased. 18 R. C. L. par. 60, p. 544; 80 Ark. 260; 59 Ark. 465; 56 Ark. 206; 56 Ark. 232. The fact that deceased was injured while doing appellant’s work, is not sufficient in itself to create liability. 91 Ark. 389; 79 Ark. 437; The fact that the chain was twisted and the injury to deceased resulted thereform is not enough. Negligence must be shown. 77 Ark. 367; 41 Ark. 283; 58 Ark. 168; 76 Ark. 436. The injury must have been the natural and probable consequence of the chain being twisted,…
1Opinion of the CourtMcCulloch, C. J.
This is an action against appellant to recover for the benefit of the estate and the widow and next of kin of AY. R. Tate, deceased, damages accruing by reason of the death of the said deceased while working in the service of appellant.
Appellant is a foreign corporation, and at the time of the injuries to Tate, which resulted in his death, was engaged in performing railroad construction work for the Missouri Pacific Railroad Company. The work consisted of filling in a number of high trestles in Boone County on what is known as the AYhite River Branch of said railroad company. These trestles…
2Cases cited6 opinions
- Young v. StevensonSupreme Court of Arkansas · 1905
- Wells v. ParkerSupreme Court of Arkansas · 1905
- Fordyce v. EdwardsSupreme Court of Arkansas · 1895
- H. D. Williams Cooperage Co. v. ClarkSupreme Court of Arkansas · 1912
- National Fruit Products Co. v. GarrettSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Texas Pipe Line Company v. JohnsonSupreme Court of Arkansas · 1925
- Missouri Pacific Railroad Company v. HendrixSupreme Court of Arkansas · 1925
- Oliphant v. HammSupreme Court of Arkansas · 1925
- Sakaba Oil Company v. ParishSupreme Court of Arkansas · 1927
- Missouri Pacific Railroad v. EllisonSupreme Court of Arkansas · 1971