Aluminum Co. of North America v. Ramsey
Supreme Court of Arkansas
Appeal from Saline Circuit Court; W. H. Bvans, Judge; statement by the court. George M. Ramsey brought this action against the Aluminum Company of North America to recover damages for physical injuries alleged to have been received by him, while in the employment of said company, an account of the negligence of one of his fellow servants. The defendant company answered, setting up contributory negligence on the part of the plaintiff as a defense to the action.
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Appeal from Saline Circuit Court; W. H. Bvans, Judge; statement by the court. George M. Ramsey brought this action against the Aluminum Company of North America to recover damages for physical injuries alleged to have been received by him, while in the employment of said company, an account of the negligence of one of his fellow servants. The defendant company answered, setting up contributory negligence on the part of the plaintiff as a defense to the action. The Aluminum Company of North America is engaged in the mining of bauxite in Saline County, Arkansas, and in connection with its plant…
1Opinion of the Court
Hart, J.,
(after stating the facts.) 1. It is earnestly insisted by counsel for appellant that the first instruction asked by him, which was peremptory, should have been given. On this view of the case we must consider the testimony in its most favorable aspect to the appellee, for it is the province of the jury to pass upon the weight of the evidence. With that we have no concern, however greatly we may think it preponderates one way or the other. The test is, could reasonable and fair-minded men from all- the • facts and circumstances adduced in 'evidence have come to different conclusions…
2Cases cited15 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Blankenship v. StateSupreme Court of Arkansas · 1891
- Ozan Lumber Co. v. BiddieSupreme Court of Arkansas · 1908
- Hot Springs Street Railroad v. HildrethSupreme Court of Arkansas · 1904
- Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
10 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Arkansas Kraft Corporation v. JohnsonSupreme Court of Arkansas · 1975
- Phillips Petroleum Co. v. JenkinsSupreme Court of the United States · 1936
- Board of Improvement of Sewer District Number 2 v. MorelandSupreme Court of Arkansas · 1910
- Midland Valley Railroad v. LemoyneSupreme Court of Arkansas · 1912
- Missouri Pacific Railroad Co. v. ElvinsSupreme Court of Arkansas · 1928
43 more not listed; retrieve them via the Exa API.