Greenville Stone & Gravel Co. v. Chaney
Supreme Court of Arkansas
Appeal from Sharp Circuit Court, Northern District ; J. B. Baker, Judge; 1. The demurrer should have been sustained. No negligence was alleged or proved. The complaint is defective in failing to charge that plaintiff was injured while engaged in the performance of duties he was employed to perform. Am. & Eng. Ann. Cases, 1912 B 366; 41 Wash. 83; 82 Pac. 1037; 2 L. B. A. (N. S.) 840; 186 Mass.' 99; 70 N. E. 1008, etc.
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Appeal from Sharp Circuit Court, Northern District ; J. B. Baker, Judge; 1. The demurrer should have been sustained. No negligence was alleged or proved. The complaint is defective in failing to charge that plaintiff was injured while engaged in the performance of duties he was employed to perform. Am. & Eng. Ann. Cases, 1912 B 366; 41 Wash. 83; 82 Pac. 1037; 2 L. B. A. (N. S.) 840; 186 Mass.' 99; 70 N. E. 1008, etc. He assumed the ordinary risks of employment. 41 Wash. 83; 82 Pac. 1037; 2 L. R. A. (N. S.) 84 and note. 2. There is error in the instructions. They were not based upon the…
1Opinion of the CourtHart, J.
The Greenville Stone & Gravel Company prosecutes this appeal to reverse a judgment against it for damages in favor of C. Chaney, who was injured while working for said company. The material facts are as follows:
The Greenville Stone & Gravel Company is a corporation engaged in the business of crushing stone at its plant at Williford in Sharp County, Arkansas. C. Chaney was injured while 'working for it on the 8th day of July, 3914, by a part of the stone crushing machinery falling on Ms foot. The rock screen at which Chaney was at work when hurt, is thirty feet long, five feet in diameter and…
2Cases cited14 opinions
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- Jacks v. ReevesSupreme Court of Arkansas · 1906
- Carpenter v. HammerSupreme Court of Arkansas · 1905
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- Keller v. SawyerSupreme Court of Arkansas · 1912
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3Cited by8 opinions
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