Pekin Stave Co. v. Ramey
Supreme Court of Arkansas
Appeal from Van Burén Circuit Court; George W. Reed, Judge; 1. It was obvious error to allow counsel for appellee in bis opening statement to impress upon tbe minds of tbe jury tbe fact that a bood or apron had been placed about tbe saw immediately after tbe accident, and after-wards on tbe trial to bring out testimony to prove that fact. 70 Ark. 182; 78 Ark. 148, syllabus 7; 79 Ark. 393; 89 Ark. 556; 82 Ark. 561. 2. Tbe modification requested by appellant of tbe court’s…
Read the full summary
Appeal from Van Burén Circuit Court; George W. Reed, Judge; 1. It was obvious error to allow counsel for appellee in bis opening statement to impress upon tbe minds of tbe jury tbe fact that a bood or apron had been placed about tbe saw immediately after tbe accident, and after-wards on tbe trial to bring out testimony to prove that fact. 70 Ark. 182; 78 Ark. 148, syllabus 7; 79 Ark. 393; 89 Ark. 556; 82 Ark. 561. 2. Tbe modification requested by appellant of tbe court’s instruction 3 is elementary law and was fully warranted by the evidence. It should have been given. 56 Ark. 221; 90 Ark.…
1Opinion of the CourtKirby, J.
This is the second appeal of this cause, which is sufficiently stated in the opinion rendered on the first appeal, reported in the 104 Ark. 1. 147 S. W. (Ark.) 83.
The court reversed the case because of an erroneous instruction, which was held, in effect, to be peremptory and amounting to a direction of the verdict, and said:
“From the testimony adduced at the trial, we are of the opinion that there was sufficient evidence to warrant a finding that the defendant was negligent in not exercising ordinary care to furnish a safe machine near which the defendant was directed to work by reason of its…
2Cases cited7 opinions
- Pekin Stave & Manufacturing Co. v. RameySupreme Court of Arkansas · 1912
- Prescott & Northern Railway Co. v. SmithSupreme Court of Arkansas · 1901
- Fullerton v. Henry Wrape Co.Supreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. SteedSupreme Court of Arkansas · 1912
- Nunn v. McKnightSupreme Court of Arkansas · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Rhoads v. Service MacHine CompanyDistrict Court, E.D. Arkansas · 1971
- Presley v. Actus Coal CompanySupreme Court of Arkansas · 1927
- Hudgins v. MazeSupreme Court of Arkansas · 1969
- Pinchback Planting Co. v. CloudSupreme Court of Arkansas · 1957
- St. Louis, Iron Mountain & Southern Railway Co. v. CokeSupreme Court of Arkansas · 1915