Harger v. Harger
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; James Cochran, Judge; reversed as to Western Coal & Mining Company, 1. The court erred in not directing a verdict for the Western Coal & Mining Company. The evidence failed to show the relation of master and servant between it and plaintiff.
Read the full summary
Appeal from Franklin Circuit Court, Ozark District; James Cochran, Judge; reversed as to Western Coal & Mining Company, 1. The court erred in not directing a verdict for the Western Coal & Mining Company. The evidence failed to show the relation of master and servant between it and plaintiff. The company had no right to select the employee, or remove or discharge him, and no right to direct what work he should do nor the way and manner it should be done, the relation of master and servant did not exist between them and the Western Coal & Mining Company was not liable. 20 A. & E. Ene. L., p.…
1Opinion of the CourtMcCulloch, C. J.
Appellee, Herbert Harger, instituted this action in the circuit court of Franklin County against appellants Wallace Harger and the Western Coal & Mining Company, 1 o recover compensation for injuries sustained while he was working in a coal mine as an employee of appellants.
It is alleged in the complaint that appellee was an employee of both of the appellants and certain acts of negligence are set forth in the complaint as having been committed by other employees of appellants and that the personal injuries received by appellee resulted from said acts of negligence. In the answer filed by…
2Cases cited7 opinions
- Singer Manufacturing Co. v. WrightSupreme Court of Georgia · 1895
- Atlantic Coast Line Railroad v. StateSupreme Court of Georgia · 1910
- Ozan Lumber Co. v. BiddieSupreme Court of Arkansas · 1908
- Collison v. CurtnerSupreme Court of Arkansas · 1919
- Efland v. Southern Railway Co.Supreme Court of North Carolina · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Gremillion v. Louisiana Public Service CommissionSupreme Court of Louisiana · 1937
- Hopson v. United StatesDistrict Court, W.D. Arkansas · 1956
- W. H. Moore Lumber Company v. StarrettSupreme Court of Arkansas · 1926
- Shipman v. StateSupreme Court of Arkansas · 1972
3 more not listed; retrieve them via the Exa API.