Arkansas Cotton Oil Co. v. Carr
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; The fourth instruction, based upon the theory that appellant owed appellee the duty to stack the meal so as to-prevent it from falling upon him, is not justified by the testimony.
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; The fourth instruction, based upon the theory that appellant owed appellee the duty to stack the meal so as to-prevent it from falling upon him, is not justified by the testimony. The witnesses all say that the meal was stacked in the same manner that the mill had been stacking meal for thirty years; that it stood in that condition all the season, and that it only became dangerous after the hands began to tear it down, and then the danger was apparent to all. Appellee had had previous experience working about this mill, and knew…
1Opinion of the CourtMcCurroch, J.
Appellee Carr sues appellant to recover compensation for physical injuries which he received while at work in appellant’s mill moving sacks of cotton-seed meal. He alleges in his complaint that-the pile of sacks of meal, which- he was then engaged in moving for the purpose of loading them on railroad cars, fell upon him and broke his leg, and that the injury occurred by reason of negligence of appellant in causing the sacks of meal to be insecurely piled.
Allegations of negligence in other respects are contained in the complaint; but, as the case was submitted to the jury solely on the…
2Cases cited2 opinions
- Rooney v. Sewall & Day Cordage Co.Massachusetts Supreme Judicial Court · 1894
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
3Cited by9 opinions
- Temple Cotton Oil Co. v. SkinnerSupreme Court of Arkansas · 1928
- Owosso Manufacturing Co. v. DrennanSupreme Court of Arkansas · 1930
- St. Louis, Iron Mountain & Southern Railway Co. v. GoinsSupreme Court of Arkansas · 1909
- Davis v. HinesSupreme Court of Louisiana · 1923
- Lee v. PateSupreme Court of Arkansas · 1939
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