Barrentine v. Henry Wrape Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in directing 'the verdict. 105 Ark. 485. The directed verdict wais right. There is not a scintilla of evidence that the employee who threw the stone was, at the time, under ’the control of appellee, or that he was acting within the scope of his employment. 105 Ark. 487.
1Opinion of the CourtKirby, J.
This appeal is from a directed verdict, and this is the second snit for damages for personal injury, alleged to have been cansed by the negligence of appellee in failing to exercise ordinary care to protect appellant while upon its premises and in its plant as he was returning to Ms work. After going to dinner on the day of the injury, he was returning to resume work at Ms place, and when within a few feet of his place of employment, and shortly before the hour to begin, some of the other employees, who had engaged iin a sham ¡battle with rooks upon the grounds, threw a stone which struck him…
2Cases cited4 opinions
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1912
- Phoenix Cement Sidewalk Co. v. Russellville Water & Light Co.Supreme Court of Arkansas · 1911
3Cited by28 opinions
- Paul Hardeman, Inc. v. JI Hass CompanySupreme Court of Arkansas · 1969
- McAllister, Administrator v. CalhounSupreme Court of Arkansas · 1947
- Members Mutual Insurance Company v. BlissettSupreme Court of Arkansas · 1973
- Fuller v. JohnsonSupreme Court of Arkansas · 1989
- Cockman v. Welder's Supply Co.Supreme Court of Arkansas · 1979
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