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WALTHER v. COOLEY

No. 5-617.

279 S.W.2d 288 (1955)

Kurt R. WALTHER, Appellant, v. E. E. COOLEY, Appellee.

Supreme Court of Arkansas.

Concurring Opinion April 25, 1955.

Rehearing Denied May 16, 1955.

Attorney(s) appearing for the Case

Donald Poe, Waldron, for appellant.

Hardin, Barton, Hardin & Garner, Ft. Smith, for appellee.

HOLT, Justice.

This is a personal injury suit. In his complaint, appellant alleged, in effect, that on January 5, 1954, while he was in the employ of appellee and assisting Him in building a garage and tool shed, through appellee's negligence, a scaffold gave way causing appellant to fall to the ground resulting in substantial injuries. He sought $5,150 in damages. Appellee answered with a general denial and affirmatively...

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