Brinkley Car Co. v. Cooper
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. John L. Black, Special Judge. statement by the court. The appellee recovered a judgment for $1000, as damages for an injury received by him by being scalded in a pool of hot water, which had been formed by water let out of the steam boiler of the appellant. It was the custom of the company to let the water out of its boiler at 3 o’clock p. m. on every other Sunday, that the boiler might be cleaned out on the following Monday.
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Appeal from Lonoke Circuit Court. John L. Black, Special Judge. statement by the court. The appellee recovered a judgment for $1000, as damages for an injury received by him by being scalded in a pool of hot water, which had been formed by water let out of the steam boiler of the appellant. It was the custom of the company to let the water out of its boiler at 3 o’clock p. m. on every other Sunday, that the boiler might be cleaned out on the following Monday. On the day of the appellee’s injury, he went to the mill at about 3 o’clock p. m. in company with the watchman at the mill and his son,…
1Opinion of the CourtHughes, J.
(after stating the facts.) The instructions given by the circuit court to the jury in this case are based upon the theory that the defendant was obliged to fence or enclose its private grounds to prevent injury to all persons who might trespass thereon. This is error,, and the instructions are inapplicable and erroneous.
The instructions asked by the appellant are based upon the converse of this theory ; that is, that, as matter of law, the company owed no duty to any trespasser upon its private grounds, and was therefore not liable for injuring an infant, while so trespassing, unless the…
2Cases cited5 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
- Evansich v. G., C. & S. F. R'y Co.Texas Supreme Court · 1882
3Cited by37 opinions
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Keck v. American Employment Agency, Inc.Supreme Court of Arkansas · 1983
- Brown v. Salt Lake CityUtah Supreme Court · 1908
- Shannon v. WilsonSupreme Court of Arkansas · 1997
- Price v. Atchison Water Co.Supreme Court of Kansas · 1897
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