Kelly Handle Co. v. Shanks
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; A. H. Dxodley, Judge; STATEMENT OP PACTS. Ben Shanks sued the Kelly Handle Company to recover damages for injuries received by him while operating a rip-saw in the handle mill of the company.
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Appeal from Mississippi Circuit Court, Chickasawba District; A. H. Dxodley, Judge; STATEMENT OP PACTS. Ben Shanks sued the Kelly Handle Company to recover damages for injuries received by him while operating a rip-saw in the handle mill of the company. The eyidence adduced by the plaintiff is, substantially, as follows: The Kelly .Handle Company owned and operated a handle mill in the "city of Blytheville, Arkansas, and Ben Shanks had been working* for it about fifteen months when he was injured. Previous to- the day he was injured, Shanks had been operating a block-saw. Timber was brought…
1Opinion of the CourtHart, J.
(after stating the facts). It is earnestly insisted by counsel for the defendant that the plaintiff knew all about the defects in the machine and that he assumed the risk.
The evidence on the part of the plaintiff tended to show that the table was too light and shaky, and that one end was higher than the other. The witnesses said that this had a tendency to cause the saw to pinch and throw back the wood which was being sawed. There was also a defect in the mandrel which caused the saw to pinch.
Another witness said that he had never seen a ripsaw used for a cut-off saw before. The use of a…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Pekin Stave & Manufacturing Co. v. RameySupreme Court of Arkansas · 1912
- Jones v. Malvern Lumber Co.Supreme Court of Arkansas · 1893
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
- Fullerton v. Henry Wrape Co.Supreme Court of Arkansas · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Saint Louis-San Francisco Rd. Co. v. PearsonSupreme Court of Arkansas · 1926
- E. L. Bruce Company v. CorbettSupreme Court of Arkansas · 1934
- Fort Smith, Subiaco & Rock Island Railroad v. MooreSupreme Court of Arkansas · 1926
- Basin Park Hotel Ass'n v. Arkansas Co.Supreme Court of Arkansas · 1923