Mammoth Vein Coal Co. v. Looper
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. The court should have given a peremptory instruction in favor of appellant. The burden of proving negligence on the part of appellant was on the appellee. 79 Ark. 440. The happening of the accident does not warrant the finding of negligence. iox S. W. 738. The falling of the rock is of itself no evidence of the master’s negligence. 82 Pac. 387. 2. Appellee is shown to be an experienced miner.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. The court should have given a peremptory instruction in favor of appellant. The burden of proving negligence on the part of appellant was on the appellee. 79 Ark. 440. The happening of the accident does not warrant the finding of negligence. iox S. W. 738. The falling of the rock is of itself no evidence of the master’s negligence. 82 Pac. 387. 2. Appellee is shown to be an experienced miner. ITe voluntarily undertook to put his room in a condition that a car could be taken out. He assumed the risk. Not only so,…
1Opinion of the CourtHill, C. J.
Hooper was a coal miner, working in the mine of the appellant company, and was injured by a rock falling from the roof in an entry. He brought suit against the company and recovered judgment, and the company has appealed.
The principal question argued is the sufficiency of the evidence to sustain the verdict. The coal company introduced no testimony, and the case was tried on the evidence introduced by the plaintiff, which showed this state of facts: Hooper was engaged in digging coal in a room on the second east entry, and, owing to a prop sustaining the roof being placed in the entry where…
2Cases cited3 opinions
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
- Ultima Thule, Arkadelphia & Mississippi Railway Co. v. CalhounSupreme Court of Arkansas · 1907
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WebsterSupreme Court of Arkansas · 1911
- Prairie Creek Coal Mining Co. v. KittrellSupreme Court of Arkansas · 1912
- Heard v. Arkansas Power Light CompanySupreme Court of Arkansas · 1941
- Missouri Pac. R. v. SpanglerCourt of Appeals for the Eighth Circuit · 1944