Chicago, Rock Island & Pacific Railway Co. v. Crawford
Supreme Court of Arkansas
Appeal from Union Circuit Court; Geo. W. Hays, Judge; STATEMENT OF FACTS. The appellee was in the employ of appellant as a carpenter on what is known as the “rip-track” in the yards of appellant in the city of El Dorado. He received an injury by a car door jumping the track and severely crushing his hand. He alleged in Ms complaint that the appellant was negligent in not exercising ordinary care to furnish him with reasonably safe means and instruments Avith which to Avork.
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Appeal from Union Circuit Court; Geo. W. Hays, Judge; STATEMENT OF FACTS. The appellee was in the employ of appellant as a carpenter on what is known as the “rip-track” in the yards of appellant in the city of El Dorado. He received an injury by a car door jumping the track and severely crushing his hand. He alleged in Ms complaint that the appellant was negligent in not exercising ordinary care to furnish him with reasonably safe means and instruments Avith which to Avork. The appellant answered, denying the material allegations of the complaint, and setting up that it was the duty of the…
1Opinion of the Court
Wood, J.,
(after stating the facts). The instruction which submitted to the jury the issue as to whether or not appellant had failed to exercise ordinary care was abstract and prejudicial. There was no testimony to warrant the court in submitting any such issue to the jury.
Under the undisputed evidence, the court also should have granted appellant’s prayer for instruction No. 3, to the effect that it was the duty of the appellee to see that the appliances with which he was working were safe and suitable and that his injury resulted from his failure to perform that duty, and therefore he could…
2Cases cited2 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1911