Denton v. Mammoth Spring Electric Light & Power Co.
Supreme Court of Arkansas
Appeal from Fulton Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is an action by appellant against appellee to recover damages for personal injuries received by him in the course of his employment.
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Appeal from Fulton Circuit Court; John W. Meeks, Judge; STATEMENT BY THE COURT. This is an action by appellant against appellee to recover damages for personal injuries received by him in the course of his employment. The material facts are as follows: Appellee is a corporation engaged in erecting, maintaining and operating an electric power plant in the town of Mammoth Spring, Fulton County, Arkansas, and in September, 1910, appellant was in its employ assisting in the work of repairing its lines. Appellant had had some experience in repairing telephone and telegraph lines before he went to…
1Opinion of the Court
Hart, J.,
(after stating the facts). Where the servant has been injured while in the course of his employment, the fact of the accident carries with it no presumption of negligence on the part of the master, and it. is an affirmative fact for the injured employee to establish that the employer ’had been guilty of negligence. St. Louis, I. M. & S. Ry. Co. v. Harper, 44 Ark. 524.
In the case of Patton v. Texas & Pacific Ry. Co., 179 U. S. 658, Mr Justice Brewer, speaking for the court, said:
“It is not sufficient for the employee to show that the employer may have been guilty of negligence — the…
2Cases cited4 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- St. Louis, Iron Mountain & Southern Railway v. HarperSupreme Court of Arkansas · 1884
- Schultz v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1902
3Cited by11 opinions
- Kansas City Southern Railway Co. v. LeslieSupreme Court of Arkansas · 1914
- Turner v. Hot Springs Street Railway Co.Supreme Court of Arkansas · 1934
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
- Biddle v. JacobsSupreme Court of Arkansas · 1914
- Fort Smith Gas Co. v. BlankenshipSupreme Court of Arkansas · 1937
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