Malvern Lumber Co. v. Sweeney
Supreme Court of Arkansas
Appeal from Hot Spring Cirenit Court; W. II. Evans, Judge; The court ought to have directed a verdict for the appellant as requested. There was a total failure of proof to establish the fact of an injury.
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Appeal from Hot Spring Cirenit Court; W. II. Evans, Judge; The court ought to have directed a verdict for the appellant as requested. There was a total failure of proof to establish the fact of an injury. Under the proof in the case the jury could not have arrived at a verdict in favor of the plaintiff except through indulgence in speculation, conjecture or .surmise. 3 Bailey on Personal Injury (2 ed.), 2136; Id. 2135; 119 Mich. 640; 143 Mich. 379; 106 N. W. 117; 145 Mo. 316; 76 la. 744; 181'Fed. 91; 126 Pac. 960; 56 111. App. 578; 103 Va. 64; 93 S. W. 868; 90 S. W. 977; 79 Ark. 437; 179 U.…
1Opinion of the CourtKirby, J.
This appeal is brought from a judgment for damages for an alleged personal injury, resulting in the death of appellee’s intestate. He was working for the appellant company at the time of the alleged injury in trucking lumber to the planer.-' The lumber was loaded on a frame, which was on two wheels, constituting a truck, and one man stood at the end of the lumber behind and kept it in balance and helped to push, while the other, the deceased in this instance, rolled one of the wheels by pushing’ it along’ to the planer, the floor of which was an inch and a half higher than the runway…
2Cases cited4 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Chesapeake & Ohio Railway Co. v. HeathSupreme Court of Virginia · 1904
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Missouri Pac. R.R. Co., Thompson v. McKameySupreme Court of Arkansas · 1943
- Coffman v. Southern Coal Co.District Court, W.D. Arkansas · 1943
- Missouri Pacific Railroad Company v. SimmonsSupreme Court of Arkansas · 1935
- Arkansas-Louisiana Gas Co. v. CampbellSupreme Court of Arkansas · 1941
- Keith v. Narragansett Electric Co.Supreme Court of Rhode Island · 1933