Harrelson v. Eureka Springs Electric Co.
Supreme Court of Arkansas
Appeal from Carroll Circuit Court, Western District; J. 8. Maples, Judge; 1. One can -not escape liability for negligence merely because tbe injured party was a trespasser, where bef ore the commission of the act the presence of the trespasser was known to him -or ought to have been known by the use of ordinary care and diligence, by the use of whidh the injury might have been .avoided. 29 Cyc. 443, 120 G-a. 521; 81 N. W. 333; Wharton on Neg., § 340 ; 45 Pao. 407; 75 N. W.…
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Appeal from Carroll Circuit Court, Western District; J. 8. Maples, Judge; 1. One can -not escape liability for negligence merely because tbe injured party was a trespasser, where bef ore the commission of the act the presence of the trespasser was known to him -or ought to have been known by the use of ordinary care and diligence, by the use of whidh the injury might have been .avoided. 29 Cyc. 443, 120 G-a. 521; 81 N. W. 333; Wharton on Neg., § 340 ; 45 Pao. 407; 75 N. W. 919; 67 N. Y. Supp, 63; 16 S. E. 4; 48 Id. 166; 80 N. E. 345; 42 So. 516. The care must be commensurate with the danger…
1Opinion of the CourtMcCulloch, C. J.
Plaintiff’s intestate, Herbert Harrelson, a boy thirteen years of age, met his death by coming in contact with an electric wire maintained by the defendant company, and this is an action against the company to recover damages on account of alleged negligence. The defendant is ¡a corporation engaged in furnishing electricity for commercial and domestic purposes in the city of Eureka Springs. It maintains a park in the city, and there is situated therein an auditorium which is covered by a low, flat roof. The roof on one side is in close proximity to a high bluff which overhangs the roof, and…
2Cases cited6 opinions
- Jacks v. ReevesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BoylesSupreme Court of Arkansas · 1906
- Keller v. SawyerSupreme Court of Arkansas · 1912
- Dobbins v. Little Rock Railway & Electric Co.Supreme Court of Arkansas · 1906
- Karatofsky v. FybushSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Mississippi River Fuel Corp. v. SennSupreme Court of Arkansas · 1931
- Sanders v. WaldenSupreme Court of Arkansas · 1949
- Morris v. RaymondSupreme Court of Arkansas · 1918
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Brinegar v. San Ore Construction CompanyDistrict Court, E.D. Arkansas · 1969
8 more not listed; retrieve them via the Exa API.