Phillips v. Quapaw Bath House Company

Supreme Court of Arkansas
Phillips v. Quapaw Bath House Company, 170 S.W.2d 1001 (Ark. 1943)
205 Ark. 816; 1943 Ark. LEXIS 232
Smith

Phillips v. Quapaw Bath House Company

Opinion of the Court

Griffin Smith, C. J.

The judgment (a jury having-been waived) absolved the Bath House Company of negligence, notwithstanding appellant’s shoulder was slightly cut when she came into contact with a piece of rusty tin — which, as she expressed it, ‘ ‘. . . was sticking out the edge of the door. ’ ’

Tbe court found that although in- different circumstances presence of the tin would have constituted negligence, proof was lacking that it had been in a position to cause danger a sufficient length of time to have been discovered by the defendant in the exercise of ordinary care. We cannot say this holding is not supported by substantial evidence.

Affirmed.

Reference

Full Case Name
Phillips v. Quapaw Bath House Company.
Status
Published