Western Coal & Mining Co. v. Moore
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; leptha H. Bvans, Judge; I. The testimony showed that the accident occurred by reason of one of the props being knocked down by a lump of coal on a car striking. Appellee is bound by the allegation of negligence specifically stated in his complaint. 127 S. W. 603. The negligence alleged is not sustained by the proof. 2. There was evidence to sustain instructions g, 10, 11 and 12, requested by appellant, and they should have been given.
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Appeal from Crawford Circuit Court; leptha H. Bvans, Judge; I. The testimony showed that the accident occurred by reason of one of the props being knocked down by a lump of coal on a car striking. Appellee is bound by the allegation of negligence specifically stated in his complaint. 127 S. W. 603. The negligence alleged is not sustained by the proof. 2. There was evidence to sustain instructions g, 10, 11 and 12, requested by appellant, and they should have been given. It is error to refuse to give a specific instruction clearly applying the law to the facts of the case, even though the law…
1Opinion of the CourtHart, J.
Idus Moore recovered judgment against the Western Coal & Mining Company for injuries sustained by him in the defendant's coal mine. The plaintiff was a driver boss for defendant, and was injured by a fall of a rock while riding upon a pit car being drawn over the track in one of the entries of the mine. The negligence alleged in the complaint is as follows:
“That said rock or stone in the roof or top of said mine and entry required props to be placed under it so as to keep said rock in place in said top or roof and prevent same from falling from said top or roof; that the defendant neglected,…
2Cases cited7 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Fordyce v. KeySupreme Court of Arkansas · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Ratton v. BusbySupreme Court of Arkansas · 1959
- Beevers v. MillerSupreme Court of Arkansas · 1967
- Reed v. HumphreysSupreme Court of Arkansas · 1963
- Daniel v. QuickCourt of Appeals of Arkansas · 1980
- Denver City Tramway Co. v. DoyleSupreme Court of Colorado · 1917
4 more not listed; retrieve them via the Exa API.