Legal Opinion

Taylor v. Grant Lumber Co.

Supreme Court of Arkansas

Decided April 25, 1910PublishedCited by 22 opinions

Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The Fellow Servant Act applies to logging roads. 69 L. R. A. 887; 61 Id. 249. Deceased being in defendant’s employ at the request of its servant foreman, he was not a trespasser, and was entitled to the same protection as other employees. 1 Hurl. & N. 773; L. R. 2 Ex. 30; u Ex. 832; 6 Jur.

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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The Fellow Servant Act applies to logging roads. 69 L. R. A. 887; 61 Id. 249. Deceased being in defendant’s employ at the request of its servant foreman, he was not a trespasser, and was entitled to the same protection as other employees. 1 Hurl. & N. 773; L. R. 2 Ex. 30; u Ex. 832; 6 Jur. (U. S.) 53; 69 Pa. 210; 48 Miss. 112; 43 O. St. 224; 58 Ark. 318. The foreman had authority to make such requests. 17 Colo. 564; 31 Am. St. 340; 12 Am. St. 422; 119 Ind. 455; 24 Am. St. 322; 19 Id. 180; 34 Id. 283; 36 Am. R. 382; 58 Ark. 175. A…

1Opinion of the CourtBattle, J.

Rosetta Taylor, as administratrix of James M. Taylor, deceased, brought an action against Grant Lumber Company, and recovered a judgment against it. The defendant moved for a new trial, which the court granted. From this order granting a new trial the plaintiff has appealed, she stipulating that judgment absolute may be rendered in this court.

In Catlett v. Railway Co., 57 Ark. 461, 466, Chief Justice Cockrirr, delivering the opinion of the court, said: “The Constitution provides that ‘judges shall not charge juries with regard to matters of fact, but shall declare the law.’ Art. 7, § 23. This…

2Cases cited2 opinions

  1. Catlett v. Railway Co.Supreme Court of Arkansas · 1893
  2. Railroad Co. v. DialSupreme Court of Arkansas · 1893

3Cited by22 opinions

  1. Blackwood v. EadsSupreme Court of Arkansas · 1911
  2. Twist v. MullinixSupreme Court of Arkansas · 1916
  3. American Company of Arkansas v. BakerSupreme Court of Arkansas · 1933
  4. McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
  5. McIlroy v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1911

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