Mama Coal Co. v. Dodson
Supreme Court of Arkansas
' Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; There are two questions only for this court to decide: (1) The question of assumed risk and (2) whether the verdict is clearly against the instructions of the court and in the face of the evidence. The tramway was dangerous, and plaintiff knew it and assumed the risk. The court erred in giving the second instruction for plaintiff. 56 Ark. 206; 77 Id. 376; 81 Id. 343-6; 96 Id. 391; 1 Roberts ’ Fed.
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' Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; There are two questions only for this court to decide: (1) The question of assumed risk and (2) whether the verdict is clearly against the instructions of the court and in the face of the evidence. The tramway was dangerous, and plaintiff knew it and assumed the risk. The court erred in giving the second instruction for plaintiff. 56 Ark. 206; 77 Id. 376; 81 Id. 343-6; 96 Id. 391; 1 Roberts ’ Fed. Liability of Carriers, p. 992, par. 559-560. For the same reasons the court erred in instructions 3, 4, 5 and 6 for…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Jennings Dodson, was employed in a coal mine being operated by the defendant, and while so employed received personal injuries, and this action was instituted by him to recover compensation for the injuries. He was engaged, when injured, in operating a car for the purpose of hauling loads of rock which had been dislodged and broken up in the process of mining coal. A car loaded with rock weighed, usually, about five thousand pounds, and was operated along'a track called a tipple track. The track was elevated in places a considerable distance above the surface of the slope and…
2Cases cited5 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- McKee v. TourtellotteMassachusetts Supreme Judicial Court · 1896
- Bush v. West Yellow Pine Co.Court of Appeals of Georgia · 1907
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Brown v. LennaneMichigan Supreme Court · 1908
3Cited by3 opinions
- Virginia Dare Stores, Inc. v. SchumanCourt of Appeals of Maryland · 1938
- Roach v. HaynesSupreme Court of Arkansas · 1934
- Western Coal Mining Company v. BurnsSupreme Court of Arkansas · 1925