A. J. Neimeyer Lumber Co. v. Watson
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. E. Evans, Judge; Plaintiff assumed the risk and a verdict should have been directed for the defendant.
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Appeal from Saline Circuit Court; W. E. Evans, Judge; Plaintiff assumed the risk and a verdict should have been directed for the defendant. The damage was well known and obvious. 56 Ark. 237; 98 Id. 206; 68 Id. 315; 95 Id. 196; 100 Id. 465; 97 Id. 486; 119 Id. 481; 116 Id. 56; 113 Id. 359; 174 S. W. 150; 180 Id. 984; 198 Id. 530. The injury was the result of negligence and plaintiff did not assume the risk. 78 Ark. 505; 6 Thompson on Negl., § § 4254, 4275-6; 79 Ark. 53; 103 Id. 61; 48 Id. 333, 346; 88 Id. 548; 87 Id. 396; 107 Id. 118; 46 Mo. 163. Plaintiff was young and inexperienced and the…
1Opinion of the Court
HART, J.,
(after stating the facts). It is insisted by counsel for the defendant' that under the facts disclosed by the record, that the defendant was not guilty of negligence and that the injury received by the plaintiff in making the coupling was one of the ordinary risks of his occupation as a brakeman which he assumed when he entered the employment of the defendant. It was the duty of the defendant to exercise ordinary care to furnish a locomotive engine and track suitable for the work which it required the plaintiff to perform and it was responsible to the plaintiff for an injury…
2Cases cited3 opinions
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway v. HigginsSupreme Court of Arkansas · 1884
- Fletcher v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1911
3Cited by2 opinions
- Owosso Manufacturing Co. v. DrennanSupreme Court of Arkansas · 1930
- Williams Brothers, Inc. v. WittSupreme Court of Arkansas · 1931