Arkansas Smokeless Coal Co. v. Pippins

• Decision Date: 25 October 1909
• Citation: 122 S.W. 113
• Parties: ARKANSAS SMOKELESS COAL CO. v. PIPPINS.
• Court: Arkansas Supreme Court

122 S.W. 113

ARKANSAS SMOKELESS COAL CO. v. PIPPINS.

Supreme Court of Arkansas.

October 25, 1909.

Appeal from Circuit Court, Sebastian County; Daniel Hon, Judge.

Action by J. J. Pippins against the Arkansas Smokeless Coal Company. Judgment for plaintiff, and defendant appeals. Reversed and remanded.

J. J. Pippins instituted this action to recover damages for personal injuries of a permanent nature sustained by him while in the service of the Smokeless Coal Company in consequence of the alleged negligence of the defendant company. J. J. Pippins was employed by the coal company on the 14th day of January, 1908. He first worked for the defendant company as a digger of coal. Then he was put to work as a driver. When the coal is mined, it is hauled on a small car on a track. The tracks lead from the room into the entry, and from there to what is called the "parting." The cars are carried along the track just as coal cars are carried on a railroad track; the motive power being a mule. It is the duty of the driver to hitch the mule to the car or cars and drive to the parting, where the cars are hoisted from the mine. He then unhitches the mule from the loaded cars, and hitches him to empty cars to carry back to the room. It is a part of his duty to sprag the cars. This consists in putting iron or wooden stakes about 1½ feet long between the spokes of the wheel and the body of the car to check the speed of the car while going downgrade. In other words, spragging is the act of applying brakes to the coal cars. On the day Pippins was injured he had been engaged in driving for about two hours, and was making his third trip. The mule was hauling two cars, and Pippins was seated on the front end next to the mule. The cars were going down a steep grade in the west third entry or passageway. Pippins looked to see if his "buddy" was behind him. He then looked around at the mule. Being afraid that the cars would run on the mule, he hallooed at him. When he did this, the mule kicked him with both feet, knocking him off the car and between it and the walls of the entry. The wall of the entry was about one foot from the car track. Pippins' body was so badly crushed that the lower part of it became wholly paralyzed. His physician says that he will never be able to do any kind of physical work, and will not likely live many years longer. Pippins was 34 years old at the time he was injured. He predicates his right of recovery on the alleged negligence of the coal company in furnishing him with a vicious mule to work and in the defective condition of the entry. Pippins recovered judgment against the coal company for $2,000, and the case is here on appeal.

Jesse A. Harp and Geo. W. Dodd, for appellant. A. J. Koenigstein, for appellee.

HART, J. (after stating the facts as above).

Counsel for appellant insist that the court erred in not directing a verdict in favor of appellant. The law in regard to the negligence of the master in furnishing his servant with a vicious animal to work stands on the same footing as furnishing him a dangerous appliance. The rule is aptly stated by Mr. Thompson, as follows: "But, if a master furnishes for the use of the servant a horse or other animal of such a vicious nature that the servant is liable to be injured in consequence of its viciousness, the master will be liable if he knew, or by the exercise of ordinary care could have known, of the vicious propensities of the animal, unless the servant knew that the animal is dangerous, but nevertheless continues to use it, in which case he assumes the risk of injury from it." 4 Thompson on Negligence, § 404. To the same effect, see 26 Cyc. 113, and cases...