Legal Opinion

Southern Cotton Oil Co. v. Spotts

Supreme Court of Arkansas

Decided January 20, 1906PublishedCited by 26 opinions

Appeal from Jackson Circuit Court; Frederick D. Fueic-ERSON, Judge; statement by trie court. The plaintiff, Jim Spotts, brought this suit against the Southern Cotton Oil Company to recover damages for personal injuries sustained by reason of the alleged negligence of the defendant. The defendant (a foreign corporation) was operating a cottonseed oil mill at Newport, Ark., and plaintiff was in its service as a day laborer.

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Appeal from Jackson Circuit Court; Frederick D. Fueic-ERSON, Judge; statement by trie court. The plaintiff, Jim Spotts, brought this suit against the Southern Cotton Oil Company to recover damages for personal injuries sustained by reason of the alleged negligence of the defendant. The defendant (a foreign corporation) was operating a cottonseed oil mill at Newport, Ark., and plaintiff was in its service as a day laborer. Plaintiff’s duties were to perform work of a miscellaneous character about' defendant’s mill, under the directions of the foreman or superintendent and, among other duties,…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) The defense put forth by the defendant was that the manner of the plaintiff’s injury was one of the ordinary dangers connected with and incident to the service which he was employed to perform, and that by virtue of his employment he assumed the risk; or that the injury resulted directly from the negligence of the plaintiff. Numerous exceptions were saved to the giving of instructions asked by the plaintiffs, and the refusal of certain instructions asked by the defendant. We do not deem it necessary to set forth and discuss all the instructions asked…

2Cited by26 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
  2. Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
  3. St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
  4. Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
  5. Western Coal & Mining Co. v. BurnsSupreme Court of Arkansas · 1907

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