F. Kiech Manufacturing Co. v. Hopkins
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Frank G. Smith, Judge; STATEMENT BY THE COURT. On the 19th day of September, 1911, James A. Hopkins was in the employ of appellant, as carriage rider, at its stave mill in Craighead County, Arkansas.
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Appeal from Craighead Circuit Court, Jonesboro District; Frank G. Smith, Judge; STATEMENT BY THE COURT. On the 19th day of September, 1911, James A. Hopkins was in the employ of appellant, as carriage rider, at its stave mill in Craighead County, Arkansas. He was killed while in the discharge of his duty, and the appellee, his administratrix, instituted this suit against appellant for damages, alleging among other things: That it was the duty of Hopkins to place stave bolts upon the carriage and firmly secure the same thereon, and that it was the duty of another employee, the sawyer, to…
1Opinion of the Court
Wood, J.,
(after stating the facts). On examination of the bolt and the model of the machinery about which Hopkins was working when he was killed, we are convinced that the saw kerf in the ragged end of the bolt was made by the front end of the saw, as contended by appellant, and as stated by the witnesses who testified affirmatively to that fact. The kerf shows that it was on a parallel line with the length of the bolt and the marks of the saw teeth as revealed on the inside of the kerf, so far as they are distinctly visible, show conclusively to our minds that it would have been impossible…
2Cases cited9 opinions
- Vaughan v. StateSupreme Court of Arkansas · 1894
- Aluminum Co. of North America v. RamseySupreme Court of Arkansas · 1909
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Kansas City Southern Railway Co. v. HenrieSupreme Court of Arkansas · 1908
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
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3Cited by4 opinions
- Caddo River Lumber Co. v. GroverSupreme Court of Arkansas · 1916
- Gregory v. Rees Plumbing Co.Supreme Court of Arkansas · 1954
- Missouri Pacific Transportation Co. v. MoodySupreme Court of Arkansas · 1939
- Brotherhood of Locomotive Firemen & Enginemen v. CravensSupreme Court of Arkansas · 1914