Chess & Wymond Co. v. Wallis
Supreme Court of Arkansas
Appeal from Boone Circuit Court; John- I. Worthington, Judge; 1. Defendant’s peremptory instruction should have been given. There was simply an accident which was unavoidable and not to have been foreseen by defendant or its employees.
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Appeal from Boone Circuit Court; John- I. Worthington, Judge; 1. Defendant’s peremptory instruction should have been given. There was simply an accident which was unavoidable and not to have been foreseen by defendant or its employees. There was no negligence proven as the proximate cause of the accident, nor could it have been foreseen. 86 Ark. 289; 108 Id. 483; 91 Id. 260; 113 Id. 60. 2. It was error to give plaintiff’s instruction No. 1. It was objected to generally and specifically. There was no duty to warn as the plaintiff was experienced and the danger was as obvious to him as to the…
1Opinion of the CourtSmith, J.
On May 27, 1914, while appellee was engaged in cutting stave bolts for the appellant company, he was injured by a limb falling from a tree which ■struck him on the head. He sustained a very serious injury, and brought this suit through his. father as next friend to recover damages to compensate the injury. On appellee’s behalf the testimony was to the effect that he was directed by his foreman, a man named Norman, to ;saw a log lying under the hanging limb, when appellee called attention to the limb, but was assured by Norman that there was no danger of the limb falling. Appellee commenced…
2Cases cited2 opinions
- Speer v. StateSupreme Court of Arkansas · 1917
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1911
3Cited by5 opinions
- Scott v. ShairrickSupreme Court of Arkansas · 1952
- National Credit Corporation v. RitcheySupreme Court of Arkansas · 1972
- St. Louis-San Francisco Railway Co. v. SteeleSupreme Court of Arkansas · 1932
- Breece-White Manufacturing Co. v. GreenSupreme Court of Arkansas · 1926
- F. Keich Manufacturing Co. v. WallaceSupreme Court of Arkansas · 1926