Prairie Creek Coal Mining Co. v. Kittrell
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. John Kittrell was employed as a driver in what is known as Prairie Creek Mine No. 4, in Sebastian County. On the 14th of September, 1911, while passing through one of the entries to the mine a large quantity of coal fell upon him and broke his back. Since that time he has been paralyzed from his hips down.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; STATEMENT BY THE COURT. John Kittrell was employed as a driver in what is known as Prairie Creek Mine No. 4, in Sebastian County. On the 14th of September, 1911, while passing through one of the entries to the mine a large quantity of coal fell upon him and broke his back. Since that time he has been paralyzed from his hips down. He brought this suit against the Prairie Creek Coal Mining Company, his employer, to recover damages for his injuries, alleging negligence in the following particulars: That defendant “…
1Opinion of the Court
Wood, J.,
(after stating the facts). The uncontroverted evidence shows that appellant was negligent in not making proper inspection of the mine. The negligence of appellant in this respect Avas sufficiently set forth in the complaint.
The undisputed eAÚdence shows that there was a dangerous place in the entry where appellee was injured, caused by the shooting of coal, that could have been discovered by the exercise of ordinary care upon the part of appellant’s inspector. It is shown that the dangerous condition of the overhanging coal could have been-discovered by the ordinary tapping of the…
2Cases cited11 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
- Steck v. MaharSupreme Court of Arkansas · 1871
- St. Louis, Iron Mountain & Southern Railway Co. v. BroganSupreme Court of Arkansas · 1912
- Phillips v. StateSupreme Court of Arkansas · 1896
- Wise v. MartinSupreme Court of Arkansas · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Patterson v. RisherSupreme Court of Arkansas · 1920
- Coffman Ex Rel. Coffman v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1964
- Murphy v. ClaytonSupreme Court of Arkansas · 1929
- Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1913
- Rummo v. Celotex Corp.District Court, E.D. New York · 1989
6 more not listed; retrieve them via the Exa API.