Johnson v. Plunkett-Jarrell Grocer Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; 1. The court erred in submitting the question of assumed risk to the jury. The law is now settled that a servant does not assume the risk of injury due to the negligence of a fellow servant.
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Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; 1. The court erred in submitting the question of assumed risk to the jury. The law is now settled that a servant does not assume the risk of injury due to the negligence of a fellow servant. Acts 1907, March 8, § 1; 103 Ark. 509; 90 Id. 543; 98 Id. 145; 100 Id. 462. This error embodied in instruction No. 2 was prejudicial. 67 Ark. 604; 69 Id. 139; 71 Id. 372. It does not affirmatively appear that the error was harmless. 104 U. S. 630; 17 Wall. 639; 51 I'd. 177. 2. It was error to give instruction No. 7. 128 La. 1050; 125 Mo. App. 159;…
1Opinion of the CourtHumphreys, J.
The appellant, Manuel Johnson, brought suit against appellee, Plunkett-Jarrell Grocer Co., in the Jackson circuit court to recover damages for an injury to his hand inflicted by the negligent act of a fellow servant, LeRoy Thomas, in the. following manner:
They were engaged in opening a meat crate hooped by wire bands and while he was untying the wires at one end, LeRoy Thomas pulled the wires off the other end and negligently lifted the lid, thereby springing the wire into the hand of appellant, which caused his right hand to become paralyzed, atrophied and ankylosed.
In addition to denying…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. HarrisSupreme Court of Arkansas · 1912
- Missouri & North Arkansas Railroad v. VanzantSupreme Court of Arkansas · 1911
3Cited by3 opinions
- Jones v. EpplerSupreme Court of Oklahoma · 1953
- Hollingshead v. American Railway Express Co.Supreme Court of Arkansas · 1920
- Yellow Rose Mining Co. v. StraitSupreme Court of Arkansas · 1918