Ong Chair Co. v. Cook
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward D. Winfield, Judge; statement by the court. Appellee was injured while in the employ of appellant at its -chair factory. The injury occurred while he was operating a machine called a “joiner and rip-saw.” The complaint alleged that the machinery was defective, and that that fact was the cause of the injury. A judgment of $1,500 was recovered, and an appeal has been taken to this court.
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Appeal from Pulaski Circuit Court; Edward D. Winfield, Judge; statement by the court. Appellee was injured while in the employ of appellant at its -chair factory. The injury occurred while he was operating a machine called a “joiner and rip-saw.” The complaint alleged that the machinery was defective, and that that fact was the cause of the injury. A judgment of $1,500 was recovered, and an appeal has been taken to this court. The assignments of error sufficiently appear in the opinion. Appellee testified that he was told not to,attempt to adjust the machine or to set the bed plates, and that…
1Opinion of the Court
Hart, J.,
(after stating the facts). Appellant asks for a reversal of this case on the ground of surprise, arising from the failure of appellee to file or produce in evidence the deposition of W. J. Stewart, or to permit the appellant to do so. This deposition was taken by appellee upon notice to appellant, and there was no agreement that it should be read in evidence. One party has no right to read the deposition of his adversary which, though t filed and published, he had never offered in evidence. Sexton v. Brock, 15 Ark. 345. Whatever may be the rule in other States, this has been the…
2Cases cited5 opinions
- Fordyce v. KeySupreme Court of Arkansas · 1905
- Sexton v. BrockSupreme Court of Arkansas · 1854
- King-Ryder Lumber Co. v. CochranSupreme Court of Arkansas · 1902
- Frank v. DunganSupreme Court of Arkansas · 1905
- Terry v. ClarkSupreme Court of Arkansas · 1906
3Cited by2 opinions
- Maryland Casualty Co. v. ChewSupreme Court of Arkansas · 1909
- Greenville Stone & Gravel Co. v. ChaneySupreme Court of Arkansas · 1917