Railway Co. v. Kelton
Supreme Court of Arkansas
APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. Charles H. Kelton, a painter in the employ of the St. Louis, Arkansas & Texas Railway Company, brought suit to recover damages for an injury by a fall from a defective ladder.
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APPEAL from Lafayette Circuit Court. Charles E. Mitchel, Judge. Charles H. Kelton, a painter in the employ of the St. Louis, Arkansas & Texas Railway Company, brought suit to recover damages for an injury by a fall from a defective ladder. Plaintiff’s testimony was to the effect that he was injured while painting the wall of a depot house for defendant company; that the ladder which was furnished to him about March I, 1888, was brittle and would not hold nails; that he made complaint between the 5th and 10th of March following to his immediate superior, who promised to furnish him a safe…
1Per curiam
If the testimony of the appellee and of his supporting witnesses is true as to the condition of the-ladder (a fall from which, according to his claim, caused his-injury), he knew that it could not be used with any assurance of safety, and he assumed the risk of its use..The promise on the part of the employer to furnish a better ladder would not justify the employee in looking to* his employer for compensation for damages which he sustained by wantonly and recklessly encountering the danger which he knew necessarily attended the use of the old ladder.
If the statements of the opposing…
2Cited by14 opinions
- Gunning System v. LapointeIllinois Supreme Court · 1904
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Natural Gas & Fuel Co. v. LylesSupreme Court of Arkansas · 1927
- Marcum v. Three States Lumber Co.Supreme Court of Arkansas · 1908
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