Fullerton v. Henry Wrape Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant brought this suit against appellee to recover damages for injuries sustained by her husband which resulted in his death, and which were received while he was in the employment of appellee. The facts are as follows: Appellee was a corporation engaged in manufacturing white oak heading in its factory at Paragould, Arkansas.
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Appeal from Greene Circuit Court; W. J. Driver, Judge; STATEMENT BY THE COURT. Appellant brought this suit against appellee to recover damages for injuries sustained by her husband which resulted in his death, and which were received while he was in the employment of appellee. The facts are as follows: Appellee was a corporation engaged in manufacturing white oak heading in its factory at Paragould, Arkansas. As a part of its machinery therefor, appellee maintained and operated a circular ripsaw attached to a revolving shaft set in boxing made fast to a stationary frame. The saw was eighteen…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is true, as contended by counsel for appellant, that the rule that an employee is presumed to have assumed the ordinary risks incident to the employment in which he is engaged is subject to the limitation that he must have knowledge not only of the existence of defects but must also be charged with knowledge that the defects exposed him to danger. It is equally well settled, however, that if the danger arising from the defects is so obvious as to be apparent to a person of ordinary intelligence the law will charge the servant with the knowledge of the…
2Cases cited4 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. OwensSupreme Court of Arkansas · 1912
- A. L. Clark Lumber Co. v. NorthcuttSupreme Court of Arkansas · 1910
- Asher v. ByrnesSupreme Court of Arkansas · 1911
3Cited by9 opinions
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- Rhoads v. Service MacHine CompanyDistrict Court, E.D. Arkansas · 1971
- Fordyce Lumber Co. v. LynnSupreme Court of Arkansas · 1913
- Spradlin v. KlumpSupreme Court of Arkansas · 1968
- Pekin Stave Co. v. RameySupreme Court of Arkansas · 1913
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