Alix Coal Co. v. Nelson
Supreme Court of Arkansas
Appeal from Franklin Circuit Court, Ozark District; James Cochran, Judge; 1. Appellant was entitled to a directed verdict. Nelson was an experienced miner and knew the danger and assumed tlie risk. 76 Ark. 72; 97 Icl. 486; 98 Id. 145; 87 N. W, 736; 114 S. W. 785; 50 N. E. 36; 71 S. W. 80. 2. The court erred in refusing the instructions asked by defendant.
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Appeal from Franklin Circuit Court, Ozark District; James Cochran, Judge; 1. Appellant was entitled to a directed verdict. Nelson was an experienced miner and knew the danger and assumed tlie risk. 76 Ark. 72; 97 Icl. 486; 98 Id. 145; 87 N. W, 736; 114 S. W. 785; 50 N. E. 36; 71 S. W. 80. 2. The court erred in refusing the instructions asked by defendant. The court correctly refused the peremptory request for a directed verdict, as the evidence shows that, by reason of the negligent acts and omissions of defendants, its agents and servants, the intestate was injured and his death caused…
1Opinion of the CourtHumphreys, J.
Appellee, administratrix of the estate of T. J. Nelson, deceased, instituted suit for the use and benefit of his estate, for herself as widow, and her five minor children, in the Franklin Circuit Court, Ozark District, against appellant for damages in the sum of $30,000 on account of the alleged negligent killing of appellee’s intestate by a falling rock, while engaged in taking down coal in the process of driving the fourth east entry of the slope in appellant’s coal mine. The charge against the company was negligence in brushing down the roof of the entry which consisted in blasting down…
2Cases cited3 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Central Coal & Coke Co. v. GrahamSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1913