Legal Opinion

Alfrey Heading Co. v. Nichols

Supreme Court of Arkansas

Decided July 14, 1919PublishedCited by 10 opinions

Appeal from Pulaski Circuit Court, Third Division; O. W. Hendricks, Judge; STATEMENT of facts. C. C. Nichols sued the Alfrey Heading Company to recover damages for personal injuries sustained by stepping into a hole of hot water on the premises of the defendant caused by its alleged negligence. The plaintiff was a witness for himself.

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Appeal from Pulaski Circuit Court, Third Division; O. W. Hendricks, Judge; STATEMENT of facts. C. C. Nichols sued the Alfrey Heading Company to recover damages for personal injuries sustained by stepping into a hole of hot water on the premises of the defendant caused by its alleged negligence. The plaintiff was a witness for himself. According to his testimony, he had been working for the defendant at intervals for fifteen years and on the 1st day of November, 1917, he was pinning heading in the turning room for it. His brother, J. ~W. Nichols, was regularly employed by the defendant as…

1Opinion of the Court

HART, J.,

(after stating the facts). The principal question presented for our consideration is whether the trial court erred in refusing to direct a verdict for the defendant. It is contended that plaintiff was at most a licensee to whom the defendant owed no duty except to refrain from wilfully or wantonly injuring him while on the premises. We cannot agree with this contention. We think the undisputed evidence shows that the plaintiff was on the premises for the mutual advantage of himself and of the defendant and for that reason was there under an implied invitation of the defendant.

L. L.…

2Cases cited2 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. DooleySupreme Court of Arkansas · 1906
  2. St. Louis, Iron Mountain & Southern Railway Co. v. DuckworthSupreme Court of Arkansas · 1915

3Cited by10 opinions

  1. Ollar v. SpakesSupreme Court of Arkansas · 1980
  2. DeVazier v. Whit Davis Lumber CompanySupreme Court of Arkansas · 1974
  3. Inez Humphreys Dixon v. United StatesCourt of Appeals for the Eighth Circuit · 1961
  4. Faulkinbury v. ShawSupreme Court of Arkansas · 1931
  5. Leonard v. Standard Lumber Co.Supreme Court of Arkansas · 1938

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