Headrick v. H. D. Cooperage Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Charles Coffin, Judge; 1. The situation disclosed by the evidence was one from which -different minds -could reasonably draw different conclusions as to whether or not th-e appellant was guilty of negligence.
Read the full summary
Appeal from Independence Circuit Court; Charles Coffin, Judge; 1. The situation disclosed by the evidence was one from which -different minds -could reasonably draw different conclusions as to whether or not th-e appellant was guilty of negligence. That question should -therefore have been submitted to the jury. 92 Ark. 582; Id. 554, 560. 2. This case falls within the exception to the rule of assumed risk, in this: If the servant complains to the master or his representative, and receives a promise that the defect or danger complained -of will be remedied, he will be excused by law for…
1Opinion of the CourtMcCulloch, C. J.
Defendant, while operating a stave mill in Stone County, Arkansas, employed plaintiff to work at the equalizer saws. He received personal injuries while in the discharge of his duties, and sues his employer for damages, alleging negligence on the part of his foreman in failing to box the equalizer saws and to keep the hole underneath the saws free from sawdust and blocks.
Defendant in its answer denied negligence, and pleaded contributory negligence on the part of plaintiff, and also assumption by him of the risk. The trial court, after plaintiff had concluded his testimony, gave a peremptory…
2Cases cited8 opinions
- Gilbert v. Burlington, C. R. & N. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- Choctaw, Oklahoma & Gulf Railroad v. ThompsonSupreme Court of Arkansas · 1907
- H. D. Williams Cooperage Co. v. HeadrickCourt of Appeals for the Eighth Circuit · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Tom Reed Gold Mines Co. v. MorrisonArizona Supreme Court · 1924
- Asher v. ByrnesSupreme Court of Arkansas · 1911
- Pekin Cooperage Co. v. DutySupreme Court of Arkansas · 1919
- Fletcher v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1911
- Kelly Handle Co. v. ShanksSupreme Court of Arkansas · 1920
7 more not listed; retrieve them via the Exa API.