Murch Bros. Construction Co. v. Hays
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Bdward W. Winfield,, Judge; 1. The rule requiring the master to furnish a safe place in which to work is not applicable where the insecurity complained of occurred in the progress of the work. 76 Ark. 69; 65 Fed. 48; 67 Fed. 507; in U. S. 313, 318; 58 Fed. 525; 12 C. C. A. 507. That rule is also not applicable in this case because the deceased was charged with the duty of preparing the place to work and of keeping it safe.…
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Appeal from Pulaski Circuit Court, Second Division; Bdward W. Winfield,, Judge; 1. The rule requiring the master to furnish a safe place in which to work is not applicable where the insecurity complained of occurred in the progress of the work. 76 Ark. 69; 65 Fed. 48; 67 Fed. 507; in U. S. 313, 318; 58 Fed. 525; 12 C. C. A. 507. That rule is also not applicable in this case because the deceased was charged with the duty of preparing the place to work and of keeping it safe. 26 Cyc. 1183; Id. 113, 2. The first instruction is wrong. It assumes as a fact that appellant supplied its employees…
1Opinion of the CourtBattue, J.
This action was brought by Nellie Hays, as administratrix of John H. Hays, deceased, against Murch Brothers Construction Company. Plaintiff states her cause of action in her complaint as follows:
That “the defendant, on the 29th day of June, 1907, and prior thereto, was engaged as contractor in the erection of a certain building in the city of Little Rock, Arkansas, known as the Iron Mountain Railway Station, and as such contractor had full and exclusive charge, management and control of said building and the work thereon. That on the 29th day of June, 1907, plaintiff’s intestate, John H.…
2Cases cited4 opinions
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- St. L., I. M. & S. Ry. v. RiceSupreme Court of Arkansas · 1888
- Grayson-McLeod Lumber Co. v. CarterSupreme Court of Arkansas · 1905
- Park Hotel Co. v. LockhartSupreme Court of Arkansas · 1894
3Cited by8 opinions
- Southern Anthracite Coal Co. v. BowenSupreme Court of Arkansas · 1909
- Moline Timber Co. v. McClureSupreme Court of Arkansas · 1924
- Vulcan Construction Co. v. HarrisonSupreme Court of Arkansas · 1910
- M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
- Missouri Pacific Railroad v. HunnicuttSupreme Court of Arkansas · 1937
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