Sweeden v. Atkinson Improvement Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith Division; Daniel Hon, Judge; For the law governing owners and operators of passenger elevators, and their duty to third parties, see 10 Am. & Eng.
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Appeal from Sebastian Circuit Court, Fort Smith Division; Daniel Hon, Judge; For the law governing owners and operators of passenger elevators, and their duty to third parties, see 10 Am. & Eng. Enc. of L. (1 ed.), 946-7; 23 L. R. A. 33; 81 S. W. 367; 97 Tenn. 367; 25 S. W. 1126; 76 S. W. 1040. Negligence of a parent or other person having a child’s custody will not be imputed to the child in a suit brought by a next friend for it, and the jury are the sole judges as to whether the child’s contributory negligence was the cause of its injuries. 2 Am. & Eng. Enc. of L. (Old Ed.) 750; 63 Ark.…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by Goldie Sweeden, an infant about ten years old, by her next friend, against the defendants below, the Atkinson Improvement Company and the Nelson Investment Company, for damages on account of personal injuries sustained by her. The Atkinson Improvement Company was the owner of a -six-story building in the city of Fort Smith, Ark., in which it had a number of tenants. In this building this defendant owned and operated an elevator for carrying passengers up and down, and it maintained and used the same for its tenants and those having business in the building.…
2Cases cited14 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Springer v. FordIllinois Supreme Court · 1901
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
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3Cited by49 opinions
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
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- Curry v. BickleySupreme Court of Iowa · 1923
- Porter v. HarshfieldSupreme Court of Arkansas · 1997
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