Henry Wrape Co. v. Barrentine
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The judgment should be reversed and the cause dismissed, because: 1. The court erred in refusing to give the jury the peremptory instruction requested, as the evidence shows that appellee assumed the risk of injury at the time he entered the employment.
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Appeal from White Circuit Court; J. M. Jackson, Judge; The judgment should be reversed and the cause dismissed, because: 1. The court erred in refusing to give the jury the peremptory instruction requested, as the evidence shows that appellee assumed the risk of injury at the time he entered the employment. He was of age and fully realized and appreciated the danger arising from the practice of throwing stones and missiles about the mill plant. 3 Labatt Master & S. (2 ed.), p. 3170, § 1182; 62 Ark. L. R. 695; 96 Ark. 3:87; 95 Id. 560; 105 Id. 533; 90 Id. 411; 77 Id. 367-458; 82 Id. 11; 161…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action against appellant to recover damages on account of personal injuries. He alleged, in substance, that while in the service of appellant company upon its premises and in the discharge of his duty he was struck in the eye by a rock thrown by one of the company’s employees while such employee was upon the premises of the company, and under its control, and that the company was guilty of negligence in failing to exercise care to protect him from danger.
The answer denied the material allegations of the complaint, and set up affirmatively as a defense assumption of…
Also in this document: Concurrence.
2Cases cited10 opinions
- Davis v. Detroit & Milwaukee Rail RoadMichigan Supreme Court · 1870
- Allison v. StateSupreme Court of Arkansas · 1905
- Hatt v. NayMassachusetts Supreme Judicial Court · 1887
- Latremouille v. Bennington & Rutland Ry. Co.Supreme Court of Vermont · 1891
- Barrentine v. Henry Wrape Co.Supreme Court of Arkansas · 1915
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Vangilder v. FaulkSupreme Court of Arkansas · 1968
- Duff v. AyersSupreme Court of Arkansas · 1922
- Osment v. PitcairnSupreme Court of Missouri · 1941
3 more not listed; retrieve them via the Exa API.