Asher v. Byrnes
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; Instructions 3 and 9 are in conflict with one another. The courts uniformly hold that the giving of conflicting instructions is reversible error. 74 Ark. 441; 77 Ark. 203; 24 Cal. 226; 23 Col. 314; 35 Pac. 39; 128 111. 173; 79 Ind. 432; 94 Mo. 475; 69 Miss. 319; 6 How. 212. Instruction 9 and also 21 misstate the law in making it the duty of plaintiff to look for defects. 95 Ark. 295; 89 Ark. 428; 92 Ark. 109; 70 Ark.…
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Appeal from Boone Circuit Court; George W. Reed, Judge; Instructions 3 and 9 are in conflict with one another. The courts uniformly hold that the giving of conflicting instructions is reversible error. 74 Ark. 441; 77 Ark. 203; 24 Cal. 226; 23 Col. 314; 35 Pac. 39; 128 111. 173; 79 Ind. 432; 94 Mo. 475; 69 Miss. 319; 6 How. 212. Instruction 9 and also 21 misstate the law in making it the duty of plaintiff to look for defects. 95 Ark. 295; 89 Ark. 428; 92 Ark. 109; 70 Ark. 299. Instruction 22 errs in failing to make it a condition that appellant knew of two ways to clean the machine. 26 Cyc.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by J. D. Asher, the plaintiff below, to recover damages for a personal injury which he sustained while in the defendant’s employment. The defendants resisted the recovery, chiefly upon the grounds (1) that the injury was due to a risk which the plaintiff had assumed, and (2) that it was caused by his own contributory , negligence. Upon a trial of the case, a verdict was returned in favor of the defendants.
The defendants were contractors, engaged in constructing a courthouse in- the town of Harrison, and employed plaintiff in July, 1909, as a laborer thereon. In…
2Cases cited16 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
11 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Fullerton v. Henry Wrape Co.Supreme Court of Arkansas · 1912
- Norton & Wheeler Stave Co. v. WrightSupreme Court of Arkansas · 1937
- E. L. Bruce Company v. LeakeSupreme Court of Arkansas · 1928
- Lee v. PateSupreme Court of Arkansas · 1939
- Trumann Cooperage Co. v. CryeSupreme Court of Arkansas · 1919
4 more not listed; retrieve them via the Exa API.