...experienced man in tunnel work, was chargeable with knowledge of any defects in the shoring which existed; that he knew, or could have known by the exercise of ordinary care on his part, any such defects, as well as appellants' foreman. This contention is not, in our opinion,...

...and sent to work on said coping on said premises, and the plaintiff further says that the defendant knew, or could have known by the exercise of ordinary care, that if said wires should come in contact with any person working on said coping while charged with electricity...

...or chargeable to him. The real Issue upon which this case was tried was, not whether the defendant knew, or could have known by the exercise of ordinary care, that plaintiff was exposed to the danger of being injured In the way he was, but whether defendant's employe's...

...in the line of his duty, it would be error to instruct the jury that he assumed all risks of which he knew or could have known by the exercise of ordinary care. Such being the case, it was patent error to instruct a verdict in favor of the defendant. 97 Ark. 358....

...principal, it was not error to refuse to instruct the jury that the servant assumed all risks of which he knew or could have known by the exercise of ordinary care. (Page 364.) 4. DAMAGES — FUTURE SUFFERING. — In an action for personal injuries the jury may consider...

...rights of others which is consistent with their safety. If, as the jury found by the verdict, appellant knew, or could have known by the exercise of ordinary care, that the machine in his possession and under his control had so far excited appellee's horse as to render him...

...plaintiff's merely being on the defendant's track was not itself negligence : but if he was there when he knew or could have known, by the exercise of ordinary care, that defendant's car was about to f>ass, and did not exercise ordinary care in getting off the track and...

...of a train, caused by a "low joint" in the track, an instruction that plaintiff assumed the risk if he knew, or could have known by the exercise of ordinary care, that |ow joints were common in railroads generally, is properly refused, in the absence of evidence that...

...service, performed similar duties to those in which he was engaged when he received the injuries, and that he knew, or could have known by the exercise of ordinary care, that the coupling apparatus would occasionally slip by. and has seen and knew of its slipping by'prior thereto, and continued...

...rights of others which is consistent with their safety. If, as the jury found by the verdict, appellant knew, or could have known by the exercise of ordinary care, that the machine in his possession and under his control had so far excited appellee's horse as to render him...