Collison v. Curtner
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. Appellant’s request for a peremptory instructtion should have been given, as the undisputed testimony shows that at the time. of the accident appellant had leased the gin to Ledgerwood, who was operating the same as an independent contractor, and appellant had no control or management of same, nor did be hire or discharge the hands or give them any directions. 77 Ark. 553; 54 Id. 424; 55 Id. 510; Elliott on Railroads,…
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. Appellant’s request for a peremptory instructtion should have been given, as the undisputed testimony shows that at the time. of the accident appellant had leased the gin to Ledgerwood, who was operating the same as an independent contractor, and appellant had no control or management of same, nor did be hire or discharge the hands or give them any directions. 77 Ark. 553; 54 Id. 424; 55 Id. 510; Elliott on Railroads, art. 1063, p. 1586; Ann. Cases, 1916 D, 220; Ann. Cases, 1918 C, 624; 14 R. C. L. 473. 2. ' The relation between…
1Opinion of the CourtWood, J.
On the 3rd of October, 1918, David Curtner, accompanied by his son, Woodrow Curtner, five years of age, drove a load of cotton to the gin of J. Collison at Bald Knob, Arkansas. While waiting to have the cotton ginned, Curtner and Ms son went into the boiler room of the gin, and while there a plug at the bottom of the boiler was blown out and Curtner and his son were scalded. The son died from the injuries received and David Curtner, in a separate action, in his own right, and as administrator of the estate of his son, instituted another action against the appellant to recover damages for the…
2Cases cited1 opinion
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
3Cited by24 opinions
- Putnam v. StoutNew York Court of Appeals · 1976
- Cullings v. GoetzNew York Court of Appeals · 1931
- Erhart v. HummondsSupreme Court of Arkansas · 1960
- Butler v. ManeySupreme Court of Florida · 1941
- Timmons v. Williams Wood Products Corp.Supreme Court of South Carolina · 1932
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