Fordyce Lumber Co. v. Lynn
Supreme Court of Arkansas
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Appellee brought this suit against the Fordyce Lumber Company for damages for personal injuries resulting in the loss of his right hand, which occurred while he was unchoking, or cleaning out, a sawdust box, or chute, at the lath machine at which he was employed.
Read the full summary
Appeal from Dallas Circuit Court; Henry W. Wells, Judge; STATEMENT BY THE COURT. Appellee brought this suit against the Fordyce Lumber Company for damages for personal injuries resulting in the loss of his right hand, which occurred while he was unchoking, or cleaning out, a sawdust box, or chute, at the lath machine at which he was employed. The negligence alleged was that the lumber company had failed to exercise reasonable care to furnish him a reasonably safe place and reasonably safe instrumentalities with which to perform his work; specially, that it failed to exercise ordinary care in…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is insisted for appellant that the rule of law, devolving the duty upon the master to exercise ordinary care to provide the servant with reasonably safe instruments and appliances for the performance of his work and to exercise ordinary care in the inspection thereof, has no application to the facts of this case, which, it is insisted, comes vdtliin the exception to the rule, relating to simple tools and appliances, and that the court should have directed a verdict in its favor.
The instrument complained of in this instance ivas; a common ordinary stick…
2Cases cited6 opinions
- Vanderpool v. PartridgeNebraska Supreme Court · 1907
- Stirling Coal & Coke Co. v. ForkCourt of Appeals of Kentucky · 1910
- Chicago, Rock Island & Pacific Railway Co. v. SmithSupreme Court of Arkansas · 1913
- Masich v. American Smelting & Refining Co.Montana Supreme Court · 1911
- Fullerton v. Henry Wrape Co.Supreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Natural Gas & Fuel Co. v. LylesSupreme Court of Arkansas · 1927
- Moline Timber Co. v. McClureSupreme Court of Arkansas · 1924
- Rowland v. Reynolds Electrical Engineering Co.New Mexico Supreme Court · 1951
- Arnold v. Doniphan Lumber Co.Supreme Court of Arkansas · 1917
- M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
10 more not listed; retrieve them via the Exa API.