Legal Opinion

Bauschka v. Western Coal & Mining Co.

Supreme Court of Arkansas

Decided June 13, 1910PublishedCited by 5 opinions

Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; Appellee should have kept timbers at the mine for use as props. Kirby’s Dig., § 5352. The judges of this court will not explore the record to discover errors of the trial court. 90 Ark. 393; 89 Ark. 43; 83 Ark. 359; 88 Ark. ,450; 75 Ark. 571; 87 Ark. 351; 46 Ark. 69; 59 Ark. 257; 75 Ark. 347; 55 Ark. 547.

1Opinion of the CourtMcCulloch, C. J.

Plaintiff, John Bauschka, was employed by the defendant, Western Coal & Mining Company, as a shot firer in its coal mine at Jenny Lind, Sebastian County, Arkansas, and was injured by falling rock while in the discharge of his duties. He was passing along the entry or air course in the mine, and a large rock fell from the roof and struck him down, severely injuring him. He sues to recover damages for the injury thus received, alleging that the same was caused by negligence of the company in failing to exercise ordinary care to provide a reasonably safe place for him to work, and also in…

2Cases cited2 opinions

  1. St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
  2. St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906

3Cited by5 opinions

  1. Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1912
  2. New Union Coal Company v. WalkerSupreme Court of Arkansas · 1930
  3. St. Louis, Iron Mountain & Southern Railway Co. v. CokeSupreme Court of Arkansas · 1915
  4. Missouri Pacific Railroad v. CareySupreme Court of Arkansas · 1919
  5. New Union Coal Company v. SultSupreme Court of Arkansas · 1927

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