Wortz v. Fort Smith Biscuit Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; A master owes the same duty to a foreman to provide safe machinery and instrumentalities with which to work that it owes to other employees. 98 Ark. 84. The risks and hazards incident to the set-screws and pulleys were not open and obvious, and were not risks that were known to the plaintiff. 27 Ark. 347. Where, as in this case, the plaintiff was acting under the direct commands of the master and…
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; A master owes the same duty to a foreman to provide safe machinery and instrumentalities with which to work that it owes to other employees. 98 Ark. 84. The risks and hazards incident to the set-screws and pulleys were not open and obvious, and were not risks that were known to the plaintiff. 27 Ark. 347. Where, as in this case, the plaintiff was acting under the direct commands of the master and was performing work, as the undisputed evidence shows, which was not in the line of his duty, it would be error to…
1Opinion of the CourtFrauenthal, J.
This .is an action instituted by Walter W. Wortz, the plaintiff below, to recover damages for an injury which he received while in defendant’s employ, and which he alleged was due to its negligence. The defendant denied that the injury was due to any negligence upon its part, and pleaded as a bar to any recovery the plaintiff’s assumption of the risk and his own negligence contributing to its cause. After the plaintiff had introduced his evidence and rested his case, the court directed the jury to return a verdict in favor of defendant, which was done. From this action of the court the…
2Cases cited2 opinions
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
- Oak Leaf Mill Co. v. SmithSupreme Court of Arkansas · 1911
3Cited by12 opinions
- Harkrider v. CoxSupreme Court of Arkansas · 1959
- Woodruff Electric Cooperative Corp. v. DanielSupreme Court of Arkansas · 1971
- Phillips Cooperative Gin Co. v. TollSupreme Court of Arkansas · 1958
- Williams, Administrator v. LauderdaleSupreme Court of Arkansas · 1945
- Scott v. Wisconsin & Arkansas Lumber Co.Supreme Court of Arkansas · 1921
7 more not listed; retrieve them via the Exa API.