Pekin Cooperage Co. v. Duty
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The court erred in overruling defendant’s motion to dismiss. The act of March 18, 1889, is violative of our State Constitution and the 14th( Amendment.
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Appeal from Independence Circuit Court; Dene H. Coleman, Judge; 1. The court erred in overruling defendant’s motion to dismiss. The act of March 18, 1889, is violative of our State Constitution and the 14th( Amendment. Art. 12, § 11, Const. 1874. Kirby’s Digest, section 834, violates article 12, section 11, and is a discrimination against foreign corporations, and the Independence Circuit Court had no jurisdiction. 2. The act of 1889 violates the 14th Amendment U. S. Constitution. 125 U. S. 181. A foreign corporation is a citizen within the meaning of the clause. 204 U. S. 103; 216 I'd. 400,…
1Opinion of the CourtHart, J.
W. M. Duty was injured on the 29th day of May, 1918, at the mill plant of the Pekin Cooperage Company at Glenwood, Pike County, Arkansas, while he was operating a stave jointer machine. This machine is used to cut down and smooth the edges of the staves so that when they are placed in a barrel they will fit so compactly as to hold liquids. Duty claims that the accident occurred because the wood rim which incased the wheel of the machine was so defective that it permitted splinters or parts of the staves which were being cut down to fly out of the machine and strike him in the eye and destroy…
2Cases cited5 opinions
- American Smelting & Refining Co. v. Colorado Ex Rel. LindsleySupreme Court of the United States · 1907
- Western Coal & Mining Co. v. BurnsSupreme Court of Arkansas · 1907
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
- Marcum v. Three States Lumber Co.Supreme Court of Arkansas · 1908
- American Hardwood Lumber Co. v. Ellis & Co.Supreme Court of Arkansas · 1914
3Cited by8 opinions
- Power Manufacturing Company v. SaundersSupreme Court of Arkansas · 1925
- Roach v. HaynesSupreme Court of Arkansas · 1934
- Southwestern Bell Telephone Co. v. RobertsSupreme Court of Arkansas · 1969
- Central Coal & Coke Co. v. OrwigSupreme Court of Arkansas · 1921
- Citicorp Industrial Credit, Inc. v. Wal-Mart Stores, Inc.Supreme Court of Arkansas · 1991
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