Central Coal & Coke Co. v. Barnes
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James 8. Steel, Judge; (1) A directed verdict should have been given in favor of the defendant. A shot-firer is the absolute judge of the safety of every place that he goes into. He relies upon his own judgment. Plaintiff knew there was gas there.
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Appeal from Polk Circuit Court; James 8. Steel, Judge; (1) A directed verdict should have been given in favor of the defendant. A shot-firer is the absolute judge of the safety of every place that he goes into. He relies upon his own judgment. Plaintiff knew there was gas there. Where a servant is required to make his place of work safe and fails to do so, he assumes the risk of his failure. 93 Ark. 140; 44 Ark. 524; 88 Ark. 292; 122 Ark. 552; 108 Ark. 377. Where a servant has knowledge of the danger, no duty exists to give further information. 96 Ark. 500; 137 Ark. 615; 97 Ark. 486; 174 S.…
1Opinion of the CourtHart, J.
The Central Coal & Coke Company prosecutes this appeal to reverse a judgment for damages for personal injuries in favor of Tom Barnes, who was injured by the explosion of gas while he was acting in the eap'acity of shot-firer in one of the company’s coal mines.
Tom Barnes was a witness for himself. According to his testimony, he was thirty-seven years of age and had worked seventeen years at mining in the neighborhood of the mine where he was injured. He had had eleven years experience as a shot-firer and had been working in the mine where he was injured seventeen months as a shot-firer. He…
2Cases cited6 opinions
- Athletic Mining & Smelting Co. v. SharpSupreme Court of Arkansas · 1918
- Western Coal & Mining Co. v. JonesSupreme Court of Arkansas · 1905
- Saint Louis, Iron Mountain & Southern Railway Co. v. SnellSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. AydelottSupreme Court of Arkansas · 1917
- Arkansas Land & Lumber Co. v. FitzhughSupreme Court of Arkansas · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Haynes Drilling Corporation v. SmithSupreme Court of Arkansas · 1940
- Ault v. McGaugheySupreme Court of Arkansas · 1927
- Missouri Pacific Railroad v. KennedySupreme Court of Arkansas · 1922
- Goodin, Adm'x. v. Boyd-Sicard Coal CompanySupreme Court of Arkansas · 1938