Brinkley Car-Works & Manuf'G Co. v. Cooper

Decision Date18 May 1895
Citation31 S.W. 154
PartiesBRINKLEY CAR-WORKS & MANUF'G CO. v. COOPER.
CourtArkansas Supreme Court

Appeal from circuit court, Sonoke county; John S. Black, Special Judge.

Action by Fred Cooper against the Brinkley Car-Works & Manufacturing Company for personal injuries. From a judgment for plaintiff, defendant appeals. Reversed.

The appellee recovered a judgment for $1,000, as damages for an injury received by him by being scalded in a pool of hot water which had been formed by water let out of the steam boiler of the appellant. It was the custom of the company to let the water out of its boiler at 3 o'clock p. m. on every other Sunday, that the boiler might be cleaned out on the following Monday. On the day of the appellee's injury he went to the mill at about 3 o'clock p. m., in company with the watchman at the mill and his son, against the protest of the watchman. The water was let out of the boiler by the watchman, and ran through a plank conduit to a place 60 feet north of the mill, and there into a pit or place in the earth which had been washed out by the water from the boiler. The appellee, who was about six years old, playing around it, walked into the water, and was scalded. It was shown that the mill and the pool were on the private grounds of the appellant, and were about 300 feet from the nearest street or traveled way in the town of Brinkley. It was also shown that children sometimes played, on Sundays, on the pile of sawdust at the mill, which was about 150 feet from the water; that this reservoir might have been covered without inconvenience. There was some evidence tending to show that children were not allowed to play around the sawdust pile, and that they had not, before the day of the injury, ever been seen at the pool; that the pool was partially covered with bark, but that the water was clear, and could be seen; that no pathway ran over these grounds. It was not alleged in the complaint, or shown in the evidence, that this pool of water was known to children before the day of the injury, or that it or its immediate surroundings were attractive to children. The complaint alleged "that defendant negligently and carelessly failed and neglected to cover and inclose said pit, or post any notices or sign indicating that it contained boiling water, but negligently and carelessly and wantonly deposited in said pit pieces of bark from the logs or timber brought to its yards, which said pieces of bark congregated and floated so thickly on the top of the boiling water in said pit that persons passing near it could not see the water in said pit," and then that the plaintiff, not being able to see the water, walked into it, and was scalded. It appeared...

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6 cases
  • Smalley v. Rio Grande Western Ry. Co.
    • United States
    • Utah Supreme Court
    • November 7, 1908
    ...Co. v. Nicholas [Colo.], 84 P. 813; Birge v. Gardner, 19 Conn. 507; Branson v. Labrot, 81 Ky. 638, 50 Am. Rep. 193; Brinkley, etc., Co. v. Cooper [Ark.], 31 S.W. 154; Biggs v. Barbwire Co. [Kan.], 50 P. 4, 44 L. R. 655; O'Leary v. Telephone Co. [Mich.], 109 N.W. 434.) If appellant had been ......
  • Brown v. Salt Lake City
    • United States
    • Utah Supreme Court
    • January 9, 1908
    ...N.E. 484; Hydraulic Works Co. v. Orr, 83 Pa. St. 332; Penso v. McCornick, 25 N.E. 156; Harriman v. R. R. Co., 12 N.E. 451; Brinkley Car. Co. v. Cooper, 31 S.W. 154; v. Harlow, 19 N.W. 257; Con. El. Co. v. Healy, 70 P. 884; Birge v. Gardner, 19 Conn. 507; Price v. Atchinson, Water Co., 50 P.......
  • Capp v. City of St. Louis.
    • United States
    • Missouri Supreme Court
    • June 2, 1913
    ...negligently maintained, and especially to cases of death or injury by falling into unguarded pools or vats of water. Brinkley Car Co. v. Cooper, 60 Ark. 545, 31 S. W. 154 ; City of Pekin v. McMahon, 154 Ill. 141 [39 N. E. 484, 27 L. R. A. 206, 45 Am. St. Rep. "Counsel for defendant in error......
  • Brinkley Car Co. v. Cooper
    • United States
    • Arkansas Supreme Court
    • May 18, 1895
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