Caddo River Lumber Co. v. Grover
Supreme Court of Arkansas
. Appeal from Pike Circuit Court, Jefferson T. Cowling, Judge; 1. Ashcraft was not negligent. 99 Ark. 537; 104 Id. 67; 116 Id. 196. 2. The risk was an ordinary one and was assumed by appellee. 90 Ark. 543-5-6, etc. 3. The court erred in giving instruction No. 1 for appellee. It told the jury that it was the duty of appellant to protect the appellee from danger. 86 Pac. 1005; Labatt on Mast. & S., § 1165. Grover was not ignorant of the risk.
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. Appeal from Pike Circuit Court, Jefferson T. Cowling, Judge; 1. Ashcraft was not negligent. 99 Ark. 537; 104 Id. 67; 116 Id. 196. 2. The risk was an ordinary one and was assumed by appellee. 90 Ark. 543-5-6, etc. 3. The court erred in giving instruction No. 1 for appellee. It told the jury that it was the duty of appellant to protect the appellee from danger. 86 Pac. 1005; Labatt on Mast. & S., § 1165. Grover was not ignorant of the risk. It is also erroneous because it contradicts the instruction on the measure of damages. 99 Ark. 377. 4. The court erred in refusing to reprove counsel for…
1Opinion of the CourtSmith, J.
Appellee recovered judgment for a large sum of money to compensate a personal injury sustained by him while employed by appellant. No serious complaint, however, is made against the size of the judgment, but it is insisted that no judgment should have been permitted for the reasons which are herein discussed.
Only appellee and a man named Ashcraft were present at the time of the injury, and they differ in some 'material respects in their versions of this occurrence. These differences, however, have been resolved in appellee’s favor by the verdict of the jury, and we may state the facts as he…
2Cases cited8 opinions
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Ozan Lumber Co. v. BiddieSupreme Court of Arkansas · 1908
- Western Union Telegraph Co. v. StateSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. LedfordSupreme Court of Arkansas · 1909
- Woodson v. StateSupreme Court of Arkansas · 1900
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3Cited by5 opinions
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- Canal Const. Co. v. HensonCourt of Appeals for the Eighth Circuit · 1922
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- Vineyard v. StormSupreme Court of Arkansas · 1932