Pine Bluff, Sheridan & Southern Railway Co. v. Leatherwood
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. II. Evans, Judge; 1. This case falls within the rule that the servant assumes the usual and ordinary risks incident to his employment. 41 Ark. 382, 383; 104 Ark 489. If the hose was attached in a defective manner, it was necessarily patent to the appellee, and he assumed the risk. 58 Ark. 125; 65 Ark. 98. He was presumed to know of such dangers and risks as he had the opportunity to know of, and, having such opportunity, if he failed to…
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Appeal from Grant Circuit Court; W. II. Evans, Judge; 1. This case falls within the rule that the servant assumes the usual and ordinary risks incident to his employment. 41 Ark. 382, 383; 104 Ark 489. If the hose was attached in a defective manner, it was necessarily patent to the appellee, and he assumed the risk. 58 Ark. 125; 65 Ark. 98. He was presumed to know of such dangers and risks as he had the opportunity to know of, and, having such opportunity, if he failed to inform himself, he can not recover for the resulting injury. 2. Both the superintendent and the engineer, who were men of…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee to recover damages on account of injuries received while working in the service of appellant as fireman on its railroad. There was a rubber hose attached to the injector pipe and appellee was using it for the purpose of wetting the coal in the tender so as to keep down the coal dust, and the hose, on account of the -insecure connection with the pipe, would not stand the pressure, and blew off, causing a -stream of hot water to be thrown against appellee’s leg. He was severely scalded below the knee, and was confined to his house about ten days,…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Ft. Smith Light & Traction Co. v. BarnesSupreme Court of Arkansas · 1906
3Cited by5 opinions
- Welter v. CurrySupreme Court of Arkansas · 1976
- Auerbach v. WebbWashington Supreme Court · 1932
- Andrews v. Southwestern Hotel Co.Supreme Court of Arkansas · 1931
- Daugherty v. MerrifieldSupreme Court of Arkansas · 1935
- Rhodes v. CurtisSupreme Court of Arkansas · 1949