Ohio Handle & Manufacturing Co. v. Jones
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. The court erred in refusing to direct a verdict for appellant. There was no evidence of negligence; and where the facts are undisputed, and the minds of reasonable men could, draw but one conclusion from them, the question of negligence becomes one of law. 61 Ark. 549, 555; 75 Ark. 406; 57 Ark. 503; 48 Ark. 575; 87 Ark. 190; 89 Ark. 50; 161 Mass. 153; 36 Taw.
Read the full summary
Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. The court erred in refusing to direct a verdict for appellant. There was no evidence of negligence; and where the facts are undisputed, and the minds of reasonable men could, draw but one conclusion from them, the question of negligence becomes one of law. 61 Ark. 549, 555; 75 Ark. 406; 57 Ark. 503; 48 Ark. 575; 87 Ark. 190; 89 Ark. 50; 161 Mass. 153; 36 Taw. Ed. 758. Deceased was guilty of contributory negligence. Had he made that use of his senses which the law requires of one engaged in a dangerous employment,…
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal from a judgment for damages rendered against it in favor of appellee. The undisputed evidence shows that on March 10, 1909, Geo. E. Jones was employed by appellant as sawyer at its mill, and was killed while in the performance of his duties as such sawyer. The man who carried off the slabs or flitches as they were sawed was named Barnett. We quote from appellant’s abstract as follows:
“The machine consisted of a saw table 24 feet long, on which was set at a point about equidistant from the ends of the table a circular saw 54 inches in diameter, driven by steam…
2Cases cited3 opinions
- Taylor v. McClintockSupreme Court of Arkansas · 1908
- Nebraska Underwriters' Insurance v. FoukeSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. DyerSupreme Court of Arkansas · 1908
3Cited by4 opinions
- Beevers v. MillerSupreme Court of Arkansas · 1967
- St. Louis-San Francisco Railway Co. v. LaneSupreme Court of Arkansas · 1923
- Hutson Motor Company v. LakeSupreme Court of Arkansas · 1935
- Beevers v. MillerSupreme Court of Arkansas · 1967