Phillips v. Quapaw Bath House Company

170 S.W.2d 1001, 205 Ark. 816, 1943 Ark. LEXIS 232

Opinion

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.