Griffin v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Appellant did not assume the risk unless the danger was so obvious as to make a reasonable man refuse to do the work, for the reason there was a direct command (and the foreman was -present showing how the work should be done. 113 Ark. 359. He had the right to rely on the superior knowledge of the foreman, * * * unless he 'knew and appreciated the danger to which he was exposed. 95 Ark. 291; 77 Id. 458; 77…
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. Appellant did not assume the risk unless the danger was so obvious as to make a reasonable man refuse to do the work, for the reason there was a direct command (and the foreman was -present showing how the work should be done. 113 Ark. 359. He had the right to rely on the superior knowledge of the foreman, * * * unless he 'knew and appreciated the danger to which he was exposed. 95 Ark. 291; 77 Id. 458; 77 Id. 367. The question of assumed risk should have been left to the jury. 65 Mo. 514; 12 Col. 20; 191 HI. 439; 19 Hun (N.…
1Opinion of the Court
McCulloch, €. J.
Appellant sued the railway company to recover compensation for personal injuries received while he was working for appellee as a laborer in the bridge department. The issues were tried before a jury and the court gave a peremptory instruction in favor of appellee. The question, therefore, which we have for consideration, is whether or not the evidence was sufficient to support a verdict in appellee’s favor.
The injuries of appellant were sustained while he, together with his co-laborers, were carrying a piece of timber to load it on a push-oar. The piece of timber was one of…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HambrightSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. MiddletonSupreme Court of Arkansas · 1914
3Cited by14 opinions
- Lion Oil Refining Co. v. AlbrittonCourt of Appeals for the Eighth Circuit · 1927
- F. Kiech Manufacturing Co. v. JamesSupreme Court of Arkansas · 1924
- Sun Oil Company v. HedgeSupreme Court of Arkansas · 1927
- St. Louis Southwestern Railway Co. v. GantSupreme Court of Arkansas · 1924
- Dickinson v. MooneyhamSupreme Court of Arkansas · 1918
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