Legal Opinion

Central Coal & Coke Co. v. Charles

Supreme Court of Arkansas

Decided February 14, 1916PublishedCited by 1 opinion

Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT by the court. Appellee sued appellant to recover damages for personal injuries alleged to have been sustained while employed in appellant’s coal mine. Appellee testified as follows: I have been working in coal mines since 1887, and have been working in appellant’s mine for seven or eight years before I was injured.

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Appeal from Sebastian Circuit Court, Fort Smith District; Paul Little, Judge; STATEMENT by the court. Appellee sued appellant to recover damages for personal injuries alleged to have been sustained while employed in appellant’s coal mine. Appellee testified as follows: I have been working in coal mines since 1887, and have been working in appellant’s mine for seven or eight years before I was injured. On the morning of the accident, my room was full of coal, and I did not go to work as usual. I met the pit boss, he told me that I had better work in the entry until they got a couple of cars of…

1Opinion of the Court

Hart, J.,

(after stating the facts). It is earnestly in-. sisted by counsel for appellant that there is not sufficient evidence to support the verdict and this we regard as a very close question. Appellee was a coal miner and was going to his place of work at the time he was injured. It was the custom of all the servants to walk down the track as they went to and from their work. There was a passage down into the mine which contained two tracks, one for the loaded cars to be hauled up, and the other for the empty cars to pass down,.(1) It is the general rule that it is the master’s duty to use…

2Cases cited4 opinions

  1. Harris Lumber Co. v. MorrisSupreme Court of Arkansas · 1906
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DuckworthSupreme Court of Arkansas · 1915
  3. Arkansas Central Railroad v. WorkmanSupreme Court of Arkansas · 1908
  4. Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908

3Cited by1 opinion

  1. New Union Coal Company v. SultSupreme Court of Arkansas · 1927

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