Legal Opinion

Arkansas Smokeless Coal Co. v. Pippins

Supreme Court of Arkansas

Decided October 25, 1909PublishedCited by 14 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. J. J. Pippins instituted this action to recover damages for personal injuries of a permanent nature, sustained by him while in the service of the Smokeless Coal Company, in consequence of the alleged negligence of the defendant company. . J. J. Pippins was employed by the coal company on the 14th day of January, 1908. He first worked for the defendant company as a digger of…

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. J. J. Pippins instituted this action to recover damages for personal injuries of a permanent nature, sustained by him while in the service of the Smokeless Coal Company, in consequence of the alleged negligence of the defendant company. . J. J. Pippins was employed by the coal company on the 14th day of January, 1908. He first worked for the defendant company as a digger of coal. Then he w.as put to work as a driver.. When the coal is mined, it is hauled on a small car on a track. The tracks…

1Opinion of the Court

Hart, J.,

(after stating the facts). Counsel for appellant insist that the court erred in not directing a verdict in favor of appellant. The law in regard to the negligence of the master in furnishing his servant with a vicious animal to work stands on the same footing as furnishing him a dangerous appliance. The rule is aptly stated by Mr. Thompson as follows: “But if a master furnishes for the use of the servant a horse or other animal of such a vicious nature that the servant is liable to be injured in consequence of its viciousness, the master will be liable if he. knew, or by the exercise…

2Cases cited2 opinions

  1. McNamara v. LoganSupreme Court of Alabama · 1893
  2. St. Louis & San Francisco Railroad v. HillSupreme Court of Arkansas · 1906

3Cited by14 opinions

  1. Marks v. Columbia County Lumber Co.Oregon Supreme Court · 1915
  2. McEachin v. YarboroughSupreme Court of Arkansas · 1934
  3. Boatman v. MilesWyoming Supreme Court · 1921
  4. Robb v. GilmoreCourt of Appeals of Texas · 1957
  5. Central Lumber Co. v. PorterMississippi Supreme Court · 1925

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