Southwestern Telephone Co. v. Woughter
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. 1. An employee assumes all the risks ordinarily incident to his employment, and not those only which are necessarily incident to the employment. The second instruction was ■ error. Bish. Non-Cont. Law, sec. 675 and cases ; 135 Mass. 418; 113 id. 396; 54 Ark. 389 ; 46 id. 388. Upon the undisputed facts of this case, the risk was one which the law cast upon the plaintiff.
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Appeal from Jefferson Circuit Court. 1. An employee assumes all the risks ordinarily incident to his employment, and not those only which are necessarily incident to the employment. The second instruction was ■ error. Bish. Non-Cont. Law, sec. 675 and cases ; 135 Mass. 418; 113 id. 396; 54 Ark. 389 ; 46 id. 388. Upon the undisputed facts of this case, the risk was one which the law cast upon the plaintiff. He was of full age and experienced, and knew the nature of the risk. 26 U. J. (N. S.) Bx. 221; 61 111. 130 ; 50 Wis. 462 ; 129 Mass. 268. 2. If the company used proper care in its…
1Opinion of the CourtBattle, J.
This was an action by appellee against appellant for personal injuries received by appellee while in the employment of the defendant. At the trial in the circuit court there was evidence adduced tending to prove the following facts :
Appellant was a corporation engaged in operating a telephone line in the City ’of Pine Bluff in this State. Appellee was twenty-six years of age, and was an experienced lineman. Many of the poles in the line of the appellant were of cypress timber and decayed. R. M. Dunbar, the manager of appellant, employed the appellee to remove the decayed poles. At this time…
2Cases cited14 opinions
- Benzing v. . Steinway and SonsNew York Court of Appeals · 1886
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Smith v. Peninsular Car WorksMichigan Supreme Court · 1886
- Leary v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1885
- Noyes v. SmithSupreme Court of Vermont · 1855
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3Cited by18 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Terrell v. City of WashingtonSupreme Court of North Carolina · 1912
- Terrell v. . WashingtonSupreme Court of North Carolina · 1912
- Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
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