Western Coal & Mining Co. v. Garner
Supreme Court of Arkansas
Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; statement by the court. These actions were brought by the appellees to recover damages for injuries alleged to have been received by them at the hands of the appellant by reason of a powder explosion in one of its mines at Denning, Arkansas, known as Mine No. 2. The averments of ownership of the mine, operation of its system of electric wires and currents in the mine and negligence of the appellant in the operation and…
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Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; statement by the court. These actions were brought by the appellees to recover damages for injuries alleged to have been received by them at the hands of the appellant by reason of a powder explosion in one of its mines at Denning, Arkansas, known as Mine No. 2. The averments of ownership of the mine, operation of its system of electric wires and currents in the mine and negligence of the appellant in the operation and maintainance of the system of electricity in said mine are the same in each of the complaints, and all of the causes…
1Opinion of the Court
Wood, J.,
(after stating the facts.) It is not shown that the appellant was negligent in the matter of placing the powder for distribution to the employees in the mine. It “had to be unloaded at some point for distribution, and the junction point had been made the point of distribution for three years.” Presumably, this was selected as the distributing point because it was regarded at the most suitable and convenient location. It is not shown that there was any danger to the employees by reason of the place where the powder was stored or kept. The danger, if any, was in the way the powder was…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
3Cited by5 opinions
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- Edmanson v. Wilmington & Philadelphia Traction Co.Superior Court of Delaware · 1923
- Indianapolis Power & Light Co. v. MooreIndiana Court of Appeals · 1936
- Heard v. Arkansas Power Light CompanySupreme Court of Arkansas · 1941
- Town of Oxford v. Scott, Admx.Indiana Court of Appeals · 1925