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BRANSCUMB v. WHITAKER

No. 4-9248.

233 S.W.2d 249 (1950)

BRANSCUMB v. WHITAKER.

Supreme Court of Arkansas.

October 23, 1950.

Attorney(s) appearing for the Case

Ted McCastlain, Brinkley, for appellant. Sharp & Sharp, Brinkley, for appellee.

GEORGE ROSE SMITH, Justice.

This action for personal injuries was brought by the appellant against his employer, the appellee. The defendant did not have workmen's compensation insure ance at the time of the injury, and the plaintiff elected to sue at common law rather than to file a claim under the compensation law. Ark.Stats.1947, § 81-1304. This appeal is from a judgment entered upon a verdict for the defendant.

A pivotal issue at the trial was whether...

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