Louis Werner Sawmill Co. v. Dyer
Supreme Court of Arkansas
Appeal from Union Circuit Court; Charles W. Smith, Judge; 1. The court erred in refusing to give instruction No. 3 for defendant on assumed risk. 97 Ark. 486; 81 Id. 343; 56 Id. 206; 96 Id. 387; 87 Id. 321. 2. Also in refusing No. 4, asked by defendant. The suit was barred. Acts 1913, No. 175. Limitation was pleaded. 3. It was error to give No. 3, asked by plaintiff; also No. 4. Plaintiff knew of the danger and risk and assumed it.
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Appeal from Union Circuit Court; Charles W. Smith, Judge; 1. The court erred in refusing to give instruction No. 3 for defendant on assumed risk. 97 Ark. 486; 81 Id. 343; 56 Id. 206; 96 Id. 387; 87 Id. 321. 2. Also in refusing No. 4, asked by defendant. The suit was barred. Acts 1913, No. 175. Limitation was pleaded. 3. It was error to give No. 3, asked by plaintiff; also No. 4. Plaintiff knew of the danger and risk and assumed it. No negligence of defendant was proven. 95 Ark. 291; 81 Id. 343; 77 Id. 367 ; 68 Id. 316; 48 Id. 346 ; 53 Id. 117; 77 Id. 367. No. 4 is also abstract. 37 Id. 580;…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The appellee’s cause of action was barred bv the statute of limitations.
(1-2) Section 5 of Act 175 of the Acts of 1913 is as follows: ‘£ That no action shal 1 be maintained under this act unless commenced within two years from the day the cause of action accrued. ’ ’ This is a part of the Employers ’ Liability Act, the first section of which provides: “That every corporation, except while engaged in interstate commerce, shall be liable in damages to any person suffering injury while he is employed by such corporation,” etc.
The appellee contends that the…
2Cases cited3 opinions
- Rhodes v. CannonSupreme Court of Arkansas · 1914
- Chicago Mill & Lumber Co. v. JohnsonSupreme Court of Arkansas · 1912
- Henry Wrape Co. v. BarrentineSupreme Court of Arkansas · 1917
3Cited by1 opinion
- Weber v. Home Royalty Ass'nSupreme Court of Kansas · 1939