A. L. Clark Lumber Co. v. Johns
Supreme Court of Arkansas
Appeal from Pike Circuit Court; lames S. Steel, Judge; 1. The court in permitting the plaintiff to introduce evidence to the effect that on the day before the accident occurred he had made complaint to the millwright, and the latter promised to repair the alleged defective condition of the cog and gearing, so as to make the same safe, thereby permitted a new issue to-be injected into the case, and erred in refusing appellant a continuance in order to meet this proof. 67 Ark.…
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Appeal from Pike Circuit Court; lames S. Steel, Judge; 1. The court in permitting the plaintiff to introduce evidence to the effect that on the day before the accident occurred he had made complaint to the millwright, and the latter promised to repair the alleged defective condition of the cog and gearing, so as to make the same safe, thereby permitted a new issue to-be injected into the case, and erred in refusing appellant a continuance in order to meet this proof. 67 Ark. 142; 71 Ark. 197 ; SS Ark. 568; 31 S. W. 401; 28 Tex. 241; 27 Tex. 435; 26 Tex-95; 20 S. E. 494; 4 Enc. PI. & Pr. 863.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff* sues to recover damages on account of personal injuries received while working in the service of defendant, and alleges that the injuries were caused by negligence of the defendant in failing to provide a safe place for him to work.
He was employed by defendant to oil the machinery in the sawmill, and in performing his duties it was necessary for him to crawl under the log deck and along the line shaft upon which were placed cog wheels about two and a half feet apart, and these cog wheels were connected with other parts of the machinery which moved the rollers that carried…
2Cases cited7 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
- Johnson v. Mammoth Vein Coal Co.Supreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Johnson v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1924
- Standard Steel Car Co. v. MartineczIndiana Court of Appeals · 1916
- E. L. Bruce Co. v. YaxSupreme Court of Arkansas · 1917
- Arkansas Land & Lumber Co. v. FitzhughSupreme Court of Arkansas · 1920
- Walther v. CooleySupreme Court of Arkansas · 1955
8 more not listed; retrieve them via the Exa API.