Holmes v. Bluff City Lumber Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; statement by the court. George Holmes, a boy about fifteen and a half years of age, was at work for appellee .at its saw and planing mill, cleaning out sawdust from under a resaw. The sawdust was about a foot deep. Holmes used a rake to clean up the dust around the machine, but the dust underneath could not be cleaned out with a rake.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; statement by the court. George Holmes, a boy about fifteen and a half years of age, was at work for appellee .at its saw and planing mill, cleaning out sawdust from under a resaw. The sawdust was about a foot deep. Holmes used a rake to clean up the dust around the machine, but the dust underneath could not be cleaned out with a rake. A blow pipe was adjusted that came down close to the floor for the purpose of drawing up the dust. When the blow pipe was stopped up with dust, to get the dust out so that it would work one would have…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The court did not err in refusing to allow witnesses to testify “that the saw ¡by which plaintiff was injured ought, in the exercise of ordinary care on defendant’s part, to have been covered with a hood.” Witnesses could not give their conclusion as to what appellee should or should not have done with reference to providing a hood for the resaw. The failure to exercise ordinary care to provide a safe place for employees to work and safe machinery for them to work with would be negligence. It was for the jury, not the witnesses, to determine whether or…
2Cases cited10 opinions
- Allison v. StateSupreme Court of Arkansas · 1905
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- Western Union Telegraph Co. v. FordSupreme Court of Arkansas · 1906
- Southwestern Telephone Co. v. WoughterSupreme Court of Arkansas · 1892
- Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Prewitt v. StateSupreme Court of Arkansas · 1921
- Furlow v. United Oil MillsSupreme Court of Arkansas · 1912
- Oak Leaf Mill Co. v. LittletonSupreme Court of Arkansas · 1912
- Lucius v. StateSupreme Court of Arkansas · 1914
- Wisconsin & Arkansas Lumber Co. v. StandridgeSupreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.