Van Veneer Co. v. Jones
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The court erred in refusing to give the peremptory instruction for defendant. The evidence is not legally sufficient to sustain the verdict. Improper testimony was admitted. 1 Wigmore’s G-reenleaf on Ev.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; 1. The court erred in refusing to give the peremptory instruction for defendant. The evidence is not legally sufficient to sustain the verdict. Improper testimony was admitted. 1 Wigmore’s G-reenleaf on Ev. (16 ed.), 527, § 430 h and i; 84 Fans. 224; 23 L. B. A. (N. 5. ) 414. 2. A youthful servant who understands and appreciates the dangers of Ms employment, assumes the risk of injury therefrom, especially open and patent dangers as here. 39 Ark. 17; 73 Id. 49, 55; 93 Id. 153; 56 Id. 206, 232, 238; 104 Id. 489; 6 Ind. App. 677; 55 Fed.…
1Opinion of the CourtHart, J.
Bryan Jones, a minor, by Mrs. Dora Jones, as next friend, sued the Van Veneer Company to recover damages sustained by him while in the employment of the defendant, alleged to have been caused by its negligence. There was a trial before a jury which resulted in a verdict and judgment for the plaintiff in the sum of $500. The defendant has appealed.
The principal assignment of error relied upon by counsel for the defendant to reverse the judgment is that the evidence is not legally sufficient to warrant the verdict.
Bryan Jones testified in his own behalf substantially as follows: In January,…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. StovallSupreme Court of Arkansas · 1911
- Western Union Telegraph Co. v. WilsonSupreme Court of Arkansas · 1911