Hunt v. Dell
Supreme Court of Arkansas
Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; The court should have directed a verdict for defendant, as plaintiff’s injury was the result of an assumed risk of his own negligence, as shown by the undisputed evidence. There was no negligence of the master in failing to warn a man of ordinary intelligence 'and experience in the operation of machinery as to its condition and danger, which were obvious and not concealed.
Read the full summary
Appeal from Clay Circuit Court, Western District; R. II. Dudley, Judge; The court should have directed a verdict for defendant, as plaintiff’s injury was the result of an assumed risk of his own negligence, as shown by the undisputed evidence. There was no negligence of the master in failing to warn a man of ordinary intelligence 'and experience in the operation of machinery as to its condition and danger, which were obvious and not concealed. Plaintiff assumed the risk. 180 S. W. 984 ; 95 Ark. 560 ; 82 Id. 534; 93 Id. 153; 107 Id. 341. By his own negligent act he went into a dangerous place…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Clay Circuit Court, Western District, to recover damages on account of an injury received while engaged in cranking a gasoline engine by assisting others in turning a fly-wheel attached thereto, which engine was used as the power in the operation of a gasoline dredge boat. Two grounds of negligence were charged, and made the basis of the action. The first allegation was that appellee was a minor, inexperienced in tbe use of the machinery, and that appellant failed to warn him of the dangers incident to the operation of the machinery and place…
2Cases cited4 opinions
- River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
- H. D. Williams Cooperage Co. v. KittrellSupreme Court of Arkansas · 1913
- St. Louis Southwestern Railway Co. v. ComptonSupreme Court of Arkansas · 1918
- Wisconsin & Arkansas Lumber Co. v. PriceSupreme Court of Arkansas · 1916
3Cited by4 opinions
- Ward Furniture Manufacturing Co. v. WeigandSupreme Court of Arkansas · 1927
- Brackett v. QueenSupreme Court of Arkansas · 1924
- Mississippi Valley Power Co. v. HubbardSupreme Court of Arkansas · 1930
- McDonald v. Heilbron-Palmer Tank Line Co.Supreme Court of Arkansas · 1927