Western Coal & Mining Co. v. Buchanan
Supreme Court of Arkansas
Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee Buchanan and one Korkille were employed in appellant’s coal mine to remove track from a certain portion of the mine which was no longer in use. This was in the “Fifth North” entry, and the places where'the track was to be taken up at the time in question were the “straight heading” and the ■“back heading,” terms describing passageways of said entry.
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Appeal from Franklin Circuit Court; Jeptha H. Evans, Judge; STATEMENT BY THE COURT. Appellee Buchanan and one Korkille were employed in appellant’s coal mine to remove track from a certain portion of the mine which was no longer in use. This was in the “Fifth North” entry, and the places where'the track was to be taken up at the time in question were the “straight heading” and the ■“back heading,” terms describing passageways of said entry. These headings were abandoned as work places, and were marked as containing gas by cross marks which were warnings against entering them. They had been'…
1Opinion of the Court
Hirr, C. J.,
(after stating the facts.) 1. It is contended that there were not facts sufficient to justify the court in sending the case to the jury, but this contention is not sound. There were sufficient facts to go to the jury upon the theory that the pit boss delegated to Korkille the duty of inspecting the working place for gas, and that Korkille negligently performed the inspection. The fact that Korkille was a fellow-servant of Buchanan in the performance of his labors a-s a track man would not prevent him from also being vice principal if master’s duty was placed upon him. The duty of…
2Cases cited10 opinions
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- Fordyce v. JacksonSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. HittSupreme Court of Arkansas · 1905
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Western Coal & Mining Co. v. JonesSupreme Court of Arkansas · 1905
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Missouri, Kansas & Texas Railway Co. v. WiseTexas Supreme Court · 1908
- Bailey v. StateSupreme Court of Arkansas · 1909
- Western Coal & Mining Co. v. MooreSupreme Court of Arkansas · 1910
- Haraway v. ManceSupreme Court of Arkansas · 1933
5 more not listed; retrieve them via the Exa API.