Jones v. Malvern Lumber Co.
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. Dueeie, Judge. 1. The court erred in its ruling on questions of evidence. Wilbert was the representative of the company, and his declarations, indicative of knowledge of the danger and unsafe condition of the boiler, should have been allowed to have been proved. 4 West. Rep. 641; 6 Am. Dec. 267 ; 1 Am. & Fng.
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Appeal from Hot Spring Circuit Court. Alexander M. Dueeie, Judge. 1. The court erred in its ruling on questions of evidence. Wilbert was the representative of the company, and his declarations, indicative of knowledge of the danger and unsafe condition of the boiler, should have been allowed to have been proved. 4 West. Rep. 641; 6 Am. Dec. 267 ; 1 Am. & Fng. Fnc. of Law, 419, note 2 ; 105 U. S. 263 ; 37 Ark. 47. 2. It was admissible to show negligence at the time of the injury which contributed thereto. 48 Ark. 473 ; 1 Greenl. Fv. sec. 51-2; Ib. 448. 3. Dangers arising from defects which…
1Opinion of the CourtManseieed, J.
This was an action to recover damages for a personal injury received by the appellant while he was running an engine for the appellee on a tramway used for carrying logs to its lumber mill. The injury was inflicted by the explosion of the engine’s boiler, and the complaint alleged that the explosion resulted from the appellee’s negligence in using a defective boiler. This allegation was denied by the answer, which charged that the explosion was caused by the appellant’s own negligence.
A short time before the accident the boiler was repaired by Joseph Wilbert, a machinist, who was not in the…
2Cases cited8 opinions
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Louisville & Nashville Railroad v. Allen's Adm'rSupreme Court of Alabama · 1885
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Arkansas Midland Railway v. CanmanSupreme Court of Arkansas · 1889
- Greer v. LawsSupreme Court of Arkansas · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- William Laurie Co. v. McCulloughIndiana Supreme Court · 1910
- McAlister v. StateSupreme Court of Arkansas · 1911
- Kapp v. Sullivan Chevrolet Co.Supreme Court of Arkansas · 1962
11 more not listed; retrieve them via the Exa API.