Central Coal & Coke Co. v. Burns
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. Tbe court erred in not diiecting a verdict for defendants. The proof wholly fails to sustain the allegations of plaintiff as to negligence. Plaintiff was not in the ordinary discharge of his duties nor in the place where his duties were, but was where he ought not to have been, and the injury was the result of his own contributory negligence.
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Appeal from Sebastian Circuit Court, Greenwood District; Paul Little, Judge; 1. Tbe court erred in not diiecting a verdict for defendants. The proof wholly fails to sustain the allegations of plaintiff as to negligence. Plaintiff was not in the ordinary discharge of his duties nor in the place where his duties were, but was where he ought not to have been, and the injury was the result of his own contributory negligence. The obligations of a master do not follow a servant into a place of danger where he is not expected to go. 3 Labatt on M. & S., § 1253; 4 Id., § 1558 B; 65 Ark. 126. There is…
1Opinion of the CourtHart, J.
This is an appeal by a coal company from a judgment against it for damages for the negligent killing of a coal miner while at work in its mines.
The principal issue raised by the appeal is that the court erred in not directing a verdict in favor of the defendant coal company.
Key Bums was employed as a coal digger in mine No. 4 of the Central Coal & Coke Company of Hartford, Sebastian County, Arkansas, and was engaged in digging coal in room 46 on the morning he received the injuries which resulted in his death. The mine was the usual kind of a mine operated upon the room and pillar plan. A…
2Cases cited7 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- San Jacinto Rice Co. v. UlrichCourt of Appeals of Texas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of Arkansas · 1914
- Little Rock & Fort Smith Ry. v. AtkinsSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis S.W. Ry. Co. v. Braswell, AdministratorSupreme Court of Arkansas · 1939
- Sun Oil Company v. HedgeSupreme Court of Arkansas · 1927
- Watkins v. Reliance Life InsuranceSupreme Court of Arkansas · 1922
- Chicago, Rock Island & Pacific Railway Co. v. GarrettSupreme Court of Arkansas · 1929