Johnson v. Mammoth Vein Coal Co.
Supreme Court of Arkansas
Appeal- from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Johnson brought suit against the Mammoth Vein Coal Company for a personal injury received in its mine; and, after hearing the evidence adduced, the circuit judge directed a verdict to be returned in favor of the defendant. The sole question on this appeal is whether the plaintiff’s testimony presented such facts as would justify the case going to the jury.
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Appeal- from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Johnson brought suit against the Mammoth Vein Coal Company for a personal injury received in its mine; and, after hearing the evidence adduced, the circuit judge directed a verdict to be returned in favor of the defendant. The sole question on this appeal is whether the plaintiff’s testimony presented such facts as would justify the case going to the jury. Johnson’s testimony was to the following effect: He was an experienced miner, working in room No. 2, east entry, of the mine of the Mammoth…
1Opinion of the Court
Hitt, C. ].,
(after stating the facts.) This case, is predicated upon section 5352 of Kirby’s Digest and upon section 5350 as amended! by the Acts of 1905, which sections are as follows:
“Sec. 5352: The owner, agent or operator of any mine shall keep a sufficient amount of timber when required to be used as props, so that the workmen can at all times be able to properly secure the said workings from caving in, and it shall be the duty of the owner, agent or operator to send down all such props when required and deliver said props to the place where cars are1 delivered.”
“Sec. 5350: Dor any…
2Cases cited19 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Davis Coal Co. v. PollandIndiana Supreme Court · 1902
14 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Panama R. v. JohnsonCourt of Appeals for the Second Circuit · 1923
- Streeter v. Western Wheeled Scraper Co.Illinois Supreme Court · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Wood v. City of DetroitMichigan Supreme Court · 1915
- Standard Steel Car Co. v. MartineczIndiana Court of Appeals · 1916
9 more not listed; retrieve them via the Exa API.