Arkansas Central Railroad v. Goad
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The court erred in refusing to give the peremptory instruction requested by defendant. No negligence was proven. It was a simple tool, and no duty of inspection rested on the company. Any defect was open and obvious, and appellee assumed any risk of injury. 83 N. E. 353; 88 Ark. 36; 108 Id. 383; 4 Thompson on Negl.
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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The court erred in refusing to give the peremptory instruction requested by defendant. No negligence was proven. It was a simple tool, and no duty of inspection rested on the company. Any defect was open and obvious, and appellee assumed any risk of injury. 83 N. E. 353; 88 Ark. 36; 108 Id. 383; 4 Thompson on Negl. (2 ed.), § 4708; 1 Labatt on Master & Servant, 331, ^ 154; 82 S. W. 1026; 130 Ark. 486; 141 Ky. 40; 127 Pac. 474. 2. Plaintiff assumed the risk as this case was tried under the Federal Employment Act. 233…
1Opinion of the CourtHumphreys, J.
Appellee recovered a judgment for the sum of $1,250 to compensate the damages resulting from an injury sustained while working as a section hand for the appellant company (hereinafter referred to as the company). He predicates his right to recover damages upon the alleged negligence of the company in furnishing him a defective tool with which to perform his duties. This tool was a lining bar, and appellee described it and the manner of his injury as follows: The bar was .about five or six feet long, with a small tip at the lower end, and at the bottom end there is a knuck on the under side. A…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Arnold v. Doniphan Lumber Co.Supreme Court of Arkansas · 1917
3Cited by7 opinions
- Bevin v. Oregon-Washington R. & Nav. Co.Oregon Supreme Court · 1930
- Rowland v. Reynolds Electrical Engineering Co.New Mexico Supreme Court · 1951
- Wisconsin & Arkansas Lumber Co. v. AshleySupreme Court of Arkansas · 1923
- Breece-White Mfg. Co. v. BakerCourt of Appeals for the Eighth Circuit · 1939
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1920
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