Citizens' Bank v. Fairweather
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Fairweather was a non-expert witness and his testimony should have been excluded. 57 Ark. 387. 2. The court erred in its instructions as to contributory negligence and assumed risk. The error was not cured in other instructions. 99. Ark. .384-5; 122 Ark. 272; 123 Ark. 594. . 3. The court erred in refusing the. peremptory instruction for defendant.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. Fairweather was a non-expert witness and his testimony should have been excluded. 57 Ark. 387. 2. The court erred in its instructions as to contributory negligence and assumed risk. The error was not cured in other instructions. 99. Ark. .384-5; 122 Ark. 272; 123 Ark. 594. . 3. The court erred in refusing the. peremptory instruction for defendant. It is always improper and dangerous to extend the foot beyond the floor of an elevator. The danger is apparent to any'one of reasonable intelligence, discretion and experience. 143 Fed.…
1Opinion of the CourtMcCulloch, C. J.
Laurie Fairweather, a lad between 14 and 15 years of age, while ascending in an elevator to one of the upper floors, of a building owned by the defendant, the Citizens Bank, in the city of Pine Bluff, received personal injuries, and through his guardian instituted this action to recover compensation. His father also sued for damages on account of the loss of services, etc., of his son, but afterwards dismissed the action and the case proceeded to a trial on the complaint of the injured boy.
The defendant owned ain office building in the city of Pine Bluff, and operated a passenger elevator for…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Derringer ex rel. Derringer v. TatleyNorth Dakota Supreme Court · 1916