St. Louis Southwestern Railway Co. v. Smith
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The injury complained of was one of the risks assumed by appellee when he undertook the employment in which he was engaged.
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The injury complained of was one of the risks assumed by appellee when he undertook the employment in which he was engaged. It was his duty to inform himself of the ordinary risks incident to the employment; and, if he negligently failed to do so, he will still he held to have assumed them. 77 Ark. 367. And, since a man is the best judge of his own lifting capacity, and it is incumbent on him not to overtax it, he will especially be held to have assumed the risk in employment of the kind in which appellee was engaged. 106 Tenn. 263,…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by the appellee to recover damages for an injury which he alleged he received by reason of appellant’s negligence. The appellee was employed by appellant as a carpenter, and was engaged in the construction of a roundhouse in the city of Argenta. On the day of the injury, he and five other workmen in appellant’s employ were directed to carry certain heavy timbers to the roundhouse. At the time of the injury, they were carrying a large timber twenty-five to thirty feet long, and weighing about 425 to 450 pounds. The workmen were divided into pairs, and each pair had…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. LedfordSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co v. GrubbsSupreme Court of Arkansas · 1911
- St. Louis Southwestern Railway Co. v. LewisSupreme Court of Arkansas · 1909
3Cited by10 opinions
- Owen v. DixSupreme Court of Arkansas · 1946
- Duncan v. Montgomery Ward & Co.Court of Appeals for the Eighth Circuit · 1940
- Texas Pipe Line Company v. JohnsonSupreme Court of Arkansas · 1925
- Newark Gravel Co. v. BarberSupreme Court of Arkansas · 1929
- Atlantic Coast Line R. Co. v. GlassSupreme Court of Alabama · 1951
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