E. L. Bruce Co. v. Yax
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OE EAOTS. The appellee who was near 35 years of age, was employed by the appellant, a corporation, having a hardwood mill and doing business in Arkansas. His duties were to feed flooring into what is known as an American flooring machine. The machine was the best that could be obtained in the hardwood business.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT OE EAOTS. The appellee who was near 35 years of age, was employed by the appellant, a corporation, having a hardwood mill and doing business in Arkansas. His duties were to feed flooring into what is known as an American flooring machine. The machine was the best that could be obtained in the hardwood business. Appellee represented to appellant that he had had experience as a machine man, and doing inside finishing work. Appellee stood at a table at the rear of the machine, placed the lumber on the table and…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) The evidence was sufficient to warrant the court in sending the issues of negligence, contributory negligence and assumed risk to the jury.(2) Appellant’s principal contention is that the act of Sanders in wrapping the pulley in the manner alleged and proved was not within the scope of his employment and in the line of his duty at the time, and that therefore, under the uncontradieted evidence, the appellant was not liable, and that the court should have so instructed the jury. This contention of appellant is not sound.
The duty of Sanders was to take…
2Cases cited12 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Marlowe v. BlandSupreme Court of North Carolina · 1910
- Graham v. ThrallSupreme Court of Arkansas · 1910
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Athletic Mining & Smelting Co. v. SharpSupreme Court of Arkansas · 1918
- Chicago, Rock Island & Pacific Railway Co. v. DanielSupreme Court of Arkansas · 1925
- Sun Oil Company v. HedgeSupreme Court of Arkansas · 1927
- Pickens v. WestbrookSupreme Court of Arkansas · 1935
4 more not listed; retrieve them via the Exa API.