Yellow Rose Mining Co. v. Strait
Supreme Court of Arkansas
Appeal from Marion Circuit Court; John I. Worthington, Judge; 1. The defenses interposed were (1) The injury was an accident unmixed with negligence; (2) defendant contributed to his injury and (3), plaintiff assumed the risk. The 1st instruction ignores the questions of contributory negligence and assumed risk.
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Appeal from Marion Circuit Court; John I. Worthington, Judge; 1. The defenses interposed were (1) The injury was an accident unmixed with negligence; (2) defendant contributed to his injury and (3), plaintiff assumed the risk. The 1st instruction ignores the questions of contributory negligence and assumed risk. Standing alone it is clearly erroneotis and is not cured by any other. 43 S. W. 715; 20 Id. 293; 41 N. E. 600; 35 Pac. 39; 64 Ark. 605; 74 Id. 437. No. 2 is open to the same objection. 2. The doctrine of master and servant requiring the •master to exercise reasonable diligence to…
1Opinion of the CourtSmith, J.
Appellee was the plaintiff below and recovered judgment to compensate an injury sustained by him while employed by the appellant zinc mining company. He had been engaged in removing certain timbers underneath a tramway, over which cars of ore were being pushed and propelled, but on the morning of this injury he was directed to build a tipple at the end of a certain tramway which was not then in use. He failed to find the necessary material to build the tipple and he reported that fact to his foreman, who directed him to tear up a discarded tipple which was lying near the tramway then in use,…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Johnson v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1917
- Little Rock Railway & Electric Co. v. DoyleSupreme Court of Arkansas · 1906
3Cited by2 opinions
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Webb v. StateSupreme Court of Arkansas · 1921