Hall v. Chess & Wymond Co.
Supreme Court of Arkansas
Appeal from Stone Circuit Court; Dene II. Coleman, Judge; 1. The court erred in instructing a verdict'for defendant. All the material allegations of' the complaint were sustained by the proof. Defendant does deny that its negligence was the direct and proximate cause of the injury, and that it was its duty to warn deceased of the injury, but these are more questions of law than fact.
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Appeal from Stone Circuit Court; Dene II. Coleman, Judge; 1. The court erred in instructing a verdict'for defendant. All the material allegations of' the complaint were sustained by the proof. Defendant does deny that its negligence was the direct and proximate cause of the injury, and that it was its duty to warn deceased of the injury, but these are more questions of law than fact. The proof shows the foreman ordered deceased to work under the tree and knew of the danger and gave no warning. 3 Labatt, Master & Servant (2 ed.), § 1050; 20 Am. & E. Ene. L. (2 ed.), 96; 26 Cyc. 1172; 56 Ark.…
1Opinion of the CourtSmith, J.
This was a suit for damages to compensate an injury sustained by the plaintiff, of a nature so serious that he has died from its effects since the trial of the cause in the court below. The plaintiff was engaged in cutting down a tree against which a dead tree had fallen, and, in the argument over the instructions, in the absence of the jury, the court took the view that the danger was obvious and the risk assumed, and announced that the request for a directed verdict in favor of the defendant would be granted. After the jury was in the box, and before the verdict was returned by the jury,…
2Cases cited3 opinions
- Vertrees' Adm'r v. Newport News, Co.Court of Appeals of Kentucky · 1894
- St. Louis Southwestern Railway Co. v. White Sewing Machine Co.Supreme Court of Arkansas · 1901
- Whitted v. Southwestern Telegraph & Telephone Co.District Court, E.D. Arkansas · 1914
3Cited by11 opinions
- Falvey v. CoatsCourt of Appeals for the Eighth Circuit · 1931
- Darby v. Pidgeon Thomas Iron Co.Tennessee Supreme Court · 1921
- Bullock v. MinerSupreme Court of Arkansas · 1956
- Eason v. Northern Indiana Public Service Co.Indiana Court of Appeals · 1953
- Evans v. BooneSupreme Court of Arkansas · 1953
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