King-Ryder Lumber Co. v. Cochran
Supreme Court of Arkansas
Appeal from Sevier Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The appellee, by his next friend, recovered a judgment against the appellant for $2,000 for damages he sustained, while working for appellant, in running an edger in appellant’s saw mill, by which injury he lost his thumb and a part of three.fingers. From this judgment the mill company appealed to this court.
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Appeal from Sevier Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. The appellee, by his next friend, recovered a judgment against the appellant for $2,000 for damages he sustained, while working for appellant, in running an edger in appellant’s saw mill, by which injury he lost his thumb and a part of three.fingers. From this judgment the mill company appealed to this court. It alleges many errors in instructions given by the court, and errors by the court' in refusing instructions asked by them; many of which we do not discuss. The appellants also contend that, the evidence…
1Opinion of the CourtHughes, J.
(after stating the facts). It is contended that the appellee, Ned Cochran, by continuing to operate the edger after he had discovered that it was not in order, assumed the risk incident to its operation. But it must be remembered that when he discovered its condition he promptly reported to the foreman that it was not in proper condition, and that it would not saw a straight line, and that thereupon the foreman told him that it was out of order, but to go and run it until noon, and that he would have it repaired, whereupon he continued to run it, obeying the direction given him. By reporting…
2Cases cited1 opinion
- Davis v. RailwaySupreme Court of Arkansas · 1890
3Cited by10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Andrecsik v. New Jersey Tube Co.Supreme Court of New Jersey · 1906
- Morgan v. Rainier Beach Lumber Co.Washington Supreme Court · 1909
- St. Louis Stave & Lumber Co. v. SawyerSupreme Court of Arkansas · 1909
- Warren Vehicle Stock Co. v. SiggsSupreme Court of Arkansas · 1909
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