Railways Ice Co. v. Howell
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action brought by Verney V. Howell, as a widow, in behalf -of herself .and the next of kin of W. M. Howell, against appellant to recover damages for the death of her husband, which occurred on the 11th day of December, 1911. The facts as shown by the appellant, •so far as necessary to determine the issue raised by the appeal, are substantially as follows: T. Howell testified: My…
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Appeal from Crittenden Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. This is an action brought by Verney V. Howell, as a widow, in behalf -of herself .and the next of kin of W. M. Howell, against appellant to recover damages for the death of her husband, which occurred on the 11th day of December, 1911. The facts as shown by the appellant, •so far as necessary to determine the issue raised by the appeal, are substantially as follows: T. Howell testified: My brother, W. M. Howell, was killed by falling from a platform twenty-six feet high while engaged in the work of tearing down…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is earnestly insisted by counsel for appellant that there is not sufficient evidence to warrant the verdict.(1) It is well settled that a master is bound to exercise ordinary care to furnish his servants a safe place in which to work, and to make reasonable inspection from time to time to see that such place is kept safe; the degree of care 'being tested by the circumstances surrounding the character of the employment and the particular facts of the case. Ozan Lumber Company v. Bryan, 90 Ark. 223.
There is an exception to this rule in some instances where…
2Cases cited6 opinions
- Grayson-McLeod Lumber Co. v. CarterSupreme Court of Arkansas · 1905
- Saint Louis, Iron Mountain & Southern Railway Co. v. CleereSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. CormanSupreme Court of Arkansas · 1909
- Ozan Lumber Co. v. BryanSupreme Court of Arkansas · 1909
- Chicago Mill & Lumber Co. v. CooperSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- McEachin v. MartinSupreme Court of Arkansas · 1937
- Missouri Pacific Transportation Co. v. SimonSupreme Court of Arkansas · 1939
- Franklin v. StateSupreme Court of Arkansas · 1922
- Barnett Bros. v. Western Assurance Co.Supreme Court of Arkansas · 1916
- Caldwell v. StateSupreme Court of Arkansas · 1948
4 more not listed; retrieve them via the Exa API.