Arkansas Land & Lumber Co. v. Fitzhugh
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. Plaintiff assumed the risk and was also guilty of contributory negligence. The risk was patent and visible. 88 Ark. 548; II. 243; 101 Id. 197; 104 Id. 489; 118 Id. 304; 134 Id. 491; 56 Id. 232; 9i8 Id. 202; 3 Labatt on Master & Servant (2 Ed.), par. 1174, 1179-1183. 2. The court erred in its instruction to the jury.
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Appeal from Calhoun Circuit Court; C. W. Smith, Judge; 1. Plaintiff assumed the risk and was also guilty of contributory negligence. The risk was patent and visible. 88 Ark. 548; II. 243; 101 Id. 197; 104 Id. 489; 118 Id. 304; 134 Id. 491; 56 Id. 232; 9i8 Id. 202; 3 Labatt on Master & Servant (2 Ed.), par. 1174, 1179-1183. 2. The court erred in its instruction to the jury. They ignore the defense of assumption of risk, and the contention of defendant that the injury was cause from a defect in the pilot which was plainly visible and patent and could have been seen and known by casual…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a foreign corporation and operates a lumber mill at Malvern, Arkansas, and in connection therewith also operates a short line railroad for the purpose of hauling logs from the woods to the mill. On December 19, 1918, and for a time prior thereto, appellee was employed by appellant as brakeman on the logging train. Three men were engaged in operating the train, the engineer, the fireman and the brakeman. Among the other duties of appellee, one was to ride out on the pilot of the engine and throw the switch so as to cut the engine loose and let the cars run around the “Y” track. On…
2Cases cited9 opinions
- Narramore v. Cleveland, C., C. & St. L. Ry. Co.Court of Appeals for the Sixth Circuit · 1899
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Walther v. CooleySupreme Court of Arkansas · 1955
- Standard Oil Co. of Louisiana v. HydrickSupreme Court of Arkansas · 1927
- Central Coal & Coke Co. v. BarnesSupreme Court of Arkansas · 1921
- Union Life Insurance v. EvansSupreme Court of Arkansas · 1937
- Chicago, Rock Island & Pacific Railway Co. v. GarrettSupreme Court of Arkansas · 1929
1 more not listed; retrieve them via the Exa API.