Hollingshead v. American Railway Express Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jachsow, Judge; The evidence makes out a, case on the question of negligence sufficient to go to the jury, and it was error to direct a verdict for defendant. 103 Ark. 509; 102 Id. 562; 127 Id. 243. There is no question but that there was sufficient evidence to take the case to a jury.
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Appeal from White Circuit Court; J. M. Jachsow, Judge; The evidence makes out a, case on the question of negligence sufficient to go to the jury, and it was error to direct a verdict for defendant. 103 Ark. 509; 102 Id. 562; 127 Id. 243. There is no question but that there was sufficient evidence to take the case to a jury. The testimony of plaintiff himself and others shows no negligence or want of care on the part of the express company, and plaintiff certainly from all the testimony assumed the risk, as the danger was open and obvious to a man of ordinary intelligence. 135 Ark. 563; 98 Id.…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit against appellee in the White Circuit Court to recover damages for an injury to his hand, inflicted by the alleged negligent act of a fellow servant in carelessly shoving or turning loose a barrel of coca-cola when unloading same out of an express car onto a truck at Kensett, Arkansas.
Appellee filed answer, denying that its employee, or messenger, unloaded the barrel of coca-cola in a careless or negligent manner, as alleged in the complaint, and, as an additional defense, alleged that appellant assumed the risk incident to unloading the barrel containing the…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. BurdgSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. SmithSupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. HarrisSupreme Court of Arkansas · 1912
- Johnson v. Plunkett-Jarrell Grocer Co.Supreme Court of Arkansas · 1917
3Cited by2 opinions
- Cover v. StateCourt of Appeals of Maryland · 1983
- Walsh v. EubanksSupreme Court of Arkansas · 1931