Trumbull v. Martin
Supreme Court of Arkansas
Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; STATEMENT OE EACTS. This is an action by tbe appellee against tbe appellant to recover damages for personal injuries. Appellee alleged that on December 26, 1916, be was in tbe employ of the appellant, and under the direction of his foreman . was at work at the appellant’s stave mill at Mena, in Polk County, Arkansas.
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Appeal from Polk Circuit Court; W. C. Rodgers, Special Judge; STATEMENT OE EACTS. This is an action by tbe appellee against tbe appellant to recover damages for personal injuries. Appellee alleged that on December 26, 1916, be was in tbe employ of the appellant, and under the direction of his foreman . was at work at the appellant’s stave mill at Mena, in Polk County, Arkansas. He was working at what is known as the cut-off saw; that the saw was defective in that it had a crack or flaw in it; that it was being run at a high rate of speed and on account of the- defective condition, it broke in…
1Opinion of the Court
WOOD, J.,
(after stating the facts). We will dispose of the questions in the order presented in the brief of counsel for appellant.
1. The appellant contends that the jury was sent out to view the frame on which the saw was fastened and nothing else, and that it was misconduct on the part of the jury to open the saw as set forth in the above ground of the motion for a new trial. After hearing the evidence upon the above ground in the motion for a new trial, the court found in part as follows: “At the conclusion of the testimony in the case, counsel on either side had submitted numerous…
2Cases cited12 opinions
- Bruder v. StateSupreme Court of Arkansas · 1913
- Puckett v. StateSupreme Court of Arkansas · 1902
- Hastings Industrial Co. v. CopelandSupreme Court of Arkansas · 1914
- Pettus v. KerrSupreme Court of Arkansas · 1908
- American National Insurance v. WhiteSupreme Court of Arkansas · 1916
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3Cited by5 opinions
- McEachin v. BurksSupreme Court of Arkansas · 1934
- Carmichael v. Mercury Motors, Inc.Supreme Court of Arkansas · 1955
- Wagnon v. BarkerSupreme Court of Arkansas · 1963
- Moss v. InfieldSupreme Court of Arkansas · 1962
- Terbieten v. Columbia Scale Co.Supreme Court of Arkansas · 1932