Gaines v. Bard
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. Bard recovered judgment against Gaines and another, proprietors in part of the “Old Hale Bath House,” a public bath-house in the city of Hot Springs, for injury from a burn which he claimed to have received, througdi the negligence of defendant’s servant, while taking- a vapor bath.
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Appeal from Garland Circuit Court. Alexander M. Dueeie, Judge. Bard recovered judgment against Gaines and another, proprietors in part of the “Old Hale Bath House,” a public bath-house in the city of Hot Springs, for injury from a burn which he claimed to have received, througdi the negligence of defendant’s servant, while taking- a vapor bath. The defenses to the action were that the injury was occasioned by plaintiff’s negligence-; that the servant was not guilty of negligence; but that if he was negligent, he was not defendants’, but plaintiff’s, servant. Plaintiff testified as follows: “I…
1Opinion of the CourtManseieed, J.
1. The exception reserved to the refusal of the court to give to the jury the first instruction requested by the defendants, and the exception taken to the rejection of their fourth prayer, raise in effect the same question; and the point made upon both of these exceptions is that if the attendant, John Martin, acted under the plaintiff’s direction or control while administering the baths, he was the servant of the plaintiff, and the defendants are not therefore liable for his alleged negligence. But we think the conclusion thus insisted upon is not, in a legal sense, deducible front the…
2Cases cited3 opinions
- Kimball v. CushmanMassachusetts Supreme Judicial Court · 1869
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3Cited by2 opinions
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