Legal Opinion

Purifoy v. Lester Mill Co.

Supreme Court of Arkansas

Decided June 26, 1911PublishedCited by 8 opinions

Appeal from Ouachita Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This is an action by the widow and children of Joe F. Purifoy against the Lester Mill Company, and the Lester & Ouachita Valley Railway Company, to recover damages for his death. The Lester Mill Company is a corporation engaged in the manufacture of lumber and owns and operates a sawmill at Lester, Ouachita County, Ark.

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Appeal from Ouachita Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. This is an action by the widow and children of Joe F. Purifoy against the Lester Mill Company, and the Lester & Ouachita Valley Railway Company, to recover damages for his death. The Lester Mill Company is a corporation engaged in the manufacture of lumber and owns and operates a sawmill at Lester, Ouachita County, Ark. The Lester & Ouachita Valley Railway Company is a corporation organized under the laws of the State and owns and operates a line of railway from the town of Lester in a western direction about…

1Opinion of the Court

Hart, J.,

(after stating the facts.) The defendant Mill. Company demurred to the complaint, and excepted to the action of the court in overruling it. The plaintiff, however, has not made any argument on that point in his brief, and, by a familiar rule of practice, the error of the court, if any, in overruling the demurrer will be treated as abandoned.

The sole contention made by the counsel for the plaintiff is that the court erred in directing a verdict for the defendant. In determining this question it first -becomes necessary to consider whether or not Purifoy was a trespasser at the time he…

2Cases cited3 opinions

  1. St. Louis Southwestern Railway Co. v. GrahamSupreme Court of Arkansas · 1907
  2. St. Louis, Iron Mountain & Southern Railway v. PuckettSupreme Court of Arkansas · 1908
  3. St. Louis, Iron Mountain & Southern Railway Co. v. StandiferSupreme Court of Arkansas · 1907

3Cited by8 opinions

  1. W. Shanhouse & Sons, Inc. v. SimmsSupreme Court of Arkansas · 1954
  2. Burks Motors, Inc. v. International Harvester Co.Supreme Court of Arkansas · 1971
  3. Johnson v. GammillSupreme Court of Arkansas · 1959
  4. Aluminum Company of America v. WaldenSupreme Court of Arkansas · 1959
  5. Connell v. RobinsonSupreme Court of Arkansas · 1950

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