Brinkley Car Co. v. Cooper
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. Georoe M. Ci-iapline, Judge. STATEMENT BY THE COURT. The Brinkley Car Works & Manufacturing Company, a corporation organized under the laws of this state, has its plant located at Brinkley, Arkansas. It was the custom of the company to let the water out of its boilér every two weeks to cleanse the boiler.
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Appeal from Monroe Circuit Court. Georoe M. Ci-iapline, Judge. STATEMENT BY THE COURT. The Brinkley Car Works & Manufacturing Company, a corporation organized under the laws of this state, has its plant located at Brinkley, Arkansas. It was the custom of the company to let the water out of its boilér every two weeks to cleanse the boiler. When the water was thus let out, it flowed into a depression on the premises of the company, and formed a shallow pool of hot water, but in about an hour it sank into the earth. The water was usually let out on Sunda)!-, so that the boiler could be cleaned…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action brought for a minor by his next friend to recover damages for injuries received by him from a pool of hot water on the premises of the defendant company.
The case has been twice tried, and is n,ow before this court for the second time. On the first trial the plaintiff rested his right to recover on the fact that the company permitted a pool of hot water on its premises to be covered over and concealed by bark and trash, so that plaintiff, a boy six years of age, while playing on the premises and not knowing that there was a pool of hot…
2Cited by12 opinions
- Arkansas Valley Trust Co. v. McIlroySupreme Court of Arkansas · 1911
- Brinkley Car Works & Manufacturing Co. v. CooperSupreme Court of Arkansas · 1905
- Hardy v. Missouri Pac. R.Court of Appeals for the Eighth Circuit · 1920
- Johnson v. Paducah Laundry Co.Court of Appeals of Kentucky · 1906
- Ashbaugh v. TrotterSupreme Court of Georgia · 1976
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