Crawfordsville Trust Co. v. Nichols
Supreme Court of Arkansas
Appeal from. Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; STATEMENT BY THE COURT. The appellee as administrator of the estate of Sandy Maggard, deceased, instituted this suit against H. Alfrey to recover for the benefit of the widow and minor children of Maggard for the loss of contributions .and for pain and suffering endured by Maggard from the time be was injured until his death.
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Appeal from. Craighead Circuit Court, Jonesboro District; W. J. Driver, Judge; STATEMENT BY THE COURT. The appellee as administrator of the estate of Sandy Maggard, deceased, instituted this suit against H. Alfrey to recover for the benefit of the widow and minor children of Maggard for the loss of contributions .and for pain and suffering endured by Maggard from the time be was injured until his death. The complaint set forth that Maggard, at the time of 'his injury, w.as employed by Alfrey, who was the owner of a heading factory, engaged in the manufacture of headings, in the capacity of…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The court erred in refusing to grant appellant’s prayer for a directed verdict in his favor. Under the undisputed evidence Maggard must ibe held to have assumed the risk, and the appellee, therefore, was not liable for the injury which resulted in Maggard’s death. The testimony bearing upon the issues of negligence and assumed risk has been fully set forth in the statement, and, as we view it, there is no basis in the evidence for any other conclusion in the mind of any reasonable man than that the danger to which Maggard exposed himself was a perfectly…
2Cases cited4 opinions
- Stuart v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1895
- Louisiana & Arkansas Railway Co. v. MilesSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. GoinsSupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. LivesaySupreme Court of Arkansas · 1915
3Cited by5 opinions
- Missouri Pacific Railroad Co. v. MartinSupreme Court of Arkansas · 1933
- Kurn v. FaubusSupreme Court of Arkansas · 1935
- Missouri, K. & T. Ry Co. of Texas v. GrahamTexas Commission of Appeals · 1919
- J. L. Williams & Sons, Inc. v. TompkinsSupreme Court of Arkansas · 1938
- Kansas City Southern Railway Co. v. HolderSupreme Court of Arkansas · 1939