Western Coal & Mining Co. v. Watts
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; Jas. Cochran, Judge; 1. The court erred in refusing a peremptory instruction for defendant. 101 Ark. 205. It was plaintiff’s duty to make and keep the entry safe. 146 la. 489; 41 W. Ya. 620. 2. The court erred in giving the instructions for plaintiff and in refusing those of defendant. The props were not ordered, but were furnished. Plaintiff clearly assumed the risk. Cases supra.
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Appeal from Franklin Circuit Court, Ozark District; Jas. Cochran, Judge; 1. The court erred in refusing a peremptory instruction for defendant. 101 Ark. 205. It was plaintiff’s duty to make and keep the entry safe. 146 la. 489; 41 W. Ya. 620. 2. The court erred in giving the instructions for plaintiff and in refusing those of defendant. The props were not ordered, but were furnished. Plaintiff clearly assumed the risk. Cases supra. The act of 1913 takes away the defense of assumed risk, and contributory negligence. This was a clear violation of a statute. 101 Ark. 205 is not applicable. Here…
1Opinion of the Court
WOOD, J.,
(.after stating the facts). (1) The appellee predicates his canse of action upon section 5352 of Kirby’s Digest, which provides: “The owner, agent or operator of any mine shall keep a sufficient amount of timber when required to be used as props, so that the workmen can at all times be able to properly secure the said workings from caving in, and it shall be the duty of the owner, agent or operator to send down all such props when required and deliver said props to the place where cars are delivered.”
The appellant contends that the undisputed evidence shows that it was the duty of…
2Cases cited1 opinion
- Western Coal & Mining Co. v. FountzSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Western Coal & Mining Co. v. GreesonCourt of Appeals for the Eighth Circuit · 1922
- Southern Anthracite Coal Mining Co. v. RiceSupreme Court of Arkansas · 1922
- Mama Coal Co. v. ColoSupreme Court of Arkansas · 1923