Southern Anthracite Coal Co. v. Bowen
Supreme Court of Arkansas
Appeal from Pope Circuit Court; J. H. Basham, Judge; statement by the court. Appellees were carpenters, and in the employ of appellant in and about its coal mine. The mine was operated by a shaft, separated into two divisions by wooden partition. Two cages were used to hoist the coal and to let down and hoist men and material. To these cages wire ropes were attached, and the ropes passed over a drum, and the cages were propelled up and down by an engine.
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Appeal from Pope Circuit Court; J. H. Basham, Judge; statement by the court. Appellees were carpenters, and in the employ of appellant in and about its coal mine. The mine was operated by a shaft, separated into two divisions by wooden partition. Two cages were used to hoist the coal and to let down and hoist men and material. To these cages wire ropes were attached, and the ropes passed over a drum, and the cages were propelled up and down by an engine. They were so arranged that one went up while the other went down. On October 15, 1907, as the cage on the north division of the shaft was…
1Opinion of the CourtWood, J.
(after stating the facts). First. The causes were of “a like nature” and “relative to the same question.” The cause of action alleged in each case grew out of the same state of facts. The defenses alleged in each were the same, although the evidence in support of the defenses of contributory negligence and assumed risk in the Thrasher case was different from that in the Bowen case. The injury to each was caused at the same time and by the same agency, proceeding from the same source. The appellees had to rely upon the same evidence to support their alleged causes of action. The issues raised…
2Cases cited21 opinions
- Kansas City Southern Railway Co. v. MurphySupreme Court of Arkansas · 1905
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
16 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- United Mine Workers v. Coronado Coal Co.Supreme Court of the United States · 1922
- Weeks v. Bareco Oil Co.Court of Appeals for the Seventh Circuit · 1941
- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
30 more not listed; retrieve them via the Exa API.