Thompson v. Southern Lumber Co.
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This suit was instituted by Mattie Thompson in her own right as widow and as next friend of Pebble, Vertie and Tom Thompson, children and only heirs at law of Tom Thompson, deceased, against the Southern Lumber Company, to recover damages for the death of Thompson, alleged to have resulted by reason of the negligence of the appellee company.
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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. This suit was instituted by Mattie Thompson in her own right as widow and as next friend of Pebble, Vertie and Tom Thompson, children and only heirs at law of Tom Thompson, deceased, against the Southern Lumber Company, to recover damages for the death of Thompson, alleged to have resulted by reason of the negligence of the appellee company. The complaint alleged, in substance, that Tom Thompson was an employee of the defendant, assisting in the operation of its mill; that one of his duties was to attend a piece…
1Opinion of the Court
Wood, J.,
(after stating the facts). The issues of negligence, contributory negligence and assumed risk, under the evidence, were questions for the juiy. There was ample evidence to have sustained a verdict in favor of the appellants on the question of negligence; but, since the verdict of the jury was in favor of the appellee, the only question for our consideration is whether or not these issues were submitted upon 'proper instructions.
When the instructions given at the instance of the appellants and those given at the instance of the appellee are considered, as they should be, in connection…
2Cases cited9 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- McAlister v. StateSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
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3Cited by1 opinion
- Markham v. StateSupreme Court of Arkansas · 1921