Arnold v. Doniphan Lumber Co.
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The allegations of the complaint must be taken as true upon demurrer. 101 Ark. 350. 2. The master is liable if, while in his employ, the servant is injured by the master’s negligence.
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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The allegations of the complaint must be taken as true upon demurrer. 101 Ark. 350. 2. The master is liable if, while in his employ, the servant is injured by the master’s negligence. Act 175, Acts 1913, p. 734. It is the duty of the master to exercise ordinary care in furnishing to his servant tools that are reasonably safe to perform the work for which the servant is engaged. 3 Labatt, Master & Servant, 2462-2465; Sherman & Redfield on Negligence, § 194 et seq.; 105 Ark. 392; 117 Id. 524; 99 Id. 265; 121 Id. 511; 81 Id. 598; 82 Id.…
1Opinion of the CourtSmith, J.
Appellant sued to recover damages to compensate a personal injury sustained by him, and alleged substantially the following facts as constituting his cause of action. He was directed by his foreman to tear down a certain wire fence and replace it with a plank fence. For the purpose of drawing out the staples fastening the wire to the posts, he was furnished two hatchets, one of which he was directed to place against the point or edge of the staples and to drive the hatchet for a sufficient distance under the staple to force it from the post. That the hatchets were cheap and of poor…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Fordyce Lumber Co. v. LynnSupreme Court of Arkansas · 1913
3Cited by8 opinions
- Smith v. McEachinSupreme Court of Arkansas · 1933
- Donahue v. Louisville, Henderson & St. Louis Railway Co.Court of Appeals of Kentucky · 1919
- Arkansas Central Railroad v. GoadSupreme Court of Arkansas · 1918
- Wisconsin & Arkansas Lumber Co. v. AshleySupreme Court of Arkansas · 1923
- Chicago, Rock Island & Pacific Railway Co. v. PayneSupreme Court of Arkansas · 1920
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