Mitchell v. Ozan-Graysonia Lumber Co.
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; George B. Haynie, Judge; The defendant is liable under every element of the rule announced by the court in the case of Alfrey Heading Company v. Nichols, 139 Ark. 467. On the question of invitation or inducement, see 20 R. C. L., 57, § 52; Id. 65, § 57. There was no notice of the extra danger created by the temporary beam. 89 Ark. 128. Plaintiff was going to the office of defendant for the purpose of selling a load of watermelons, — on…
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Appeal from Nevada Circuit Court; George B. Haynie, Judge; The defendant is liable under every element of the rule announced by the court in the case of Alfrey Heading Company v. Nichols, 139 Ark. 467. On the question of invitation or inducement, see 20 R. C. L., 57, § 52; Id. 65, § 57. There was no notice of the extra danger created by the temporary beam. 89 Ark. 128. Plaintiff was going to the office of defendant for the purpose of selling a load of watermelons, — on business with the company — and he comes within the rule of an invited customer. 104 Ark. 243. Contributory negligence does…
1Opinion of the CourtSmith, J.
This appeal is from a judgment rendered upon a directed verdict, and the facts stated most favorably to appellant, who has sued for damages for the death of his wife, are as follows: Appellee — defendant below — constructed a sawmill near a pond of water, where it received logs for the mill. Between the mill and the pond there is an open driveway, and over this driveway was a chute upon which logs were brought from the pond into the mill; and also another chute through which waste material was conveyed by an endless chain from the mill. This tramway or chute had been maintained since the…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1912
- Alfrey Heading Co. v. NicholsSupreme Court of Arkansas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. PylesSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. DuckworthSupreme Court of Arkansas · 1915
3Cited by3 opinions
- Knight v. Farmers' & Merchants' Gin Co.Supreme Court of Arkansas · 1923
- Arkansas Short Line v. BellarsSupreme Court of Arkansas · 1928
- Hines v. Consumers' Ice Light CompanySupreme Court of Arkansas · 1925