Pettus v. Kerr
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court;. Hance N. Hutton, Judge; 1. Under appellee’s own testimony, the court should have given a peremptory instruction for the defendants. The accident cannot be accounted for by anything defective or unusual about the machinery, nor traced to any breach of duty on the part of appellants.
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Appeal from St. Francis Circuit Court;. Hance N. Hutton, Judge; 1. Under appellee’s own testimony, the court should have given a peremptory instruction for the defendants. The accident cannot be accounted for by anything defective or unusual about the machinery, nor traced to any breach of duty on the part of appellants. He never reached the point where the rope was around the shaft; and since no other act of negligence on appellants’ part was alleged, it follows that the injury was due to his own negligence, or that- the risk of such injury was assumed in accepting the employment. 77 Ark.…
1Opinion of the CourtMcCueeoch, J.
Appellee was employed by appellants, Pettus & Buford, to work in a cotton gin, and sues them to recover damages for physical injuries received while at work replacing a 'belt which had escaped from a pulley. He alleged in his complaint that apellants negligently fastened a -rope to the pulley and the shaft on which it revolved, and left it there with a loose, knotted end six or eight inches long, and that while he was in the act of replacing the belt his clothing was caught by the knotted end of the rope, throwing him against the shaft and injuring him. It is also alleged that the rope on the…
2Cases cited5 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Ft. Smith Light & Traction Co. v. BarnesSupreme Court of Arkansas · 1906
- Citizens' Electric Co. v. ThomasSupreme Court of Arkansas · 1905
3Cited by13 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Missouri Pacific Railroad Co. v. MartinSupreme Court of Arkansas · 1933
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- Mississippi Valley Power Co. v. HubbardSupreme Court of Arkansas · 1930
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