Ozan Lumber Co. v. Bryan
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M„ Carter, Judge; 1. Appellee assumed the risk. This is no case of youthful inexperience, but of a mature man engaged in a work which required no experience nor instruction, who had the fullest opportunity to observe, by the exercise of his senses, the runways upon which he worked.
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Appeal from Nevada Circuit Court; Jacob M„ Carter, Judge; 1. Appellee assumed the risk. This is no case of youthful inexperience, but of a mature man engaged in a work which required no experience nor instruction, who had the fullest opportunity to observe, by the exercise of his senses, the runways upon which he worked. An employee is bound to take notice of obvious defects. 82 Ark. 11; 60 Ark. 438; 65 Ark. 98*; 77 Ark. 367-; 60 L. R. A. 589; 10 L. R. A. 513. He was guilty of contributory negligence as shown by .the evidence. 2. It was error to refuse the second instruction requested by…
1Opinion of the CourtFrauenthal, J.
This is a suit for damages, on account of personal injuries, instituted by the plaintiff, Joseph A. Bryan, against the defendant, Ozan Lumber Company.
About the 16th day of July, 1907, the defendant employed the plaintiff as a lumber stacker on its yard in the town of Prescott, Arkansas. The defendant owns and operates a large saw mill and planer at this place. From its saw mill to its planer and dry kilns it has constructed platforms or runways upon which lumber is transported upon trucks or lumber buggies from point to point within its plant. These platforms are from eight to ten feet high…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. SwearingenSupreme Court of the United States · 1904
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
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3Cited by10 opinions
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- Frisco Lumber Co. v. SpiveySupreme Court of Oklahoma · 1914
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