Industrial Cotton Oil Co. v. Lial

On Motion for Rehearing.

Counsel for appellee, in support of their contention that the burden was on the employer to show that the deceased was warned of the dangers of the employment, have cited Lawson v. Hamilton Compress Co., 162 S. W. 1023, Railway Co. v. Worden, 90 Ark. 407, 119 S. W. 830, and Labatt on Master and Servant, vol. 1, § 291. In these cases injuries to minors were under consideration; and it was the purpose of these authorities to say that, where minority is pleaded and relied on to avoid the assumption .of risk, the burden is on the employer to show that, notwithstanding his…