Fones v. Phillips
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court, lion. J. 'W. Martin, Circuit Judge. 1. As to what constitutes a superintendent as contra-distinguished from a fellow-workman. Pierce on Railroads, 368; M. $ M. R. Co. v. Smith, 59 Ala., 245; C. P. R. Go. v. Moran, 44 Md., 283; K. P. R. Co. v. Salmon, 11 Kav., 83; R. Co. v. Decker, 82 Penn. St., 119; 84 ib., 419; 64 N! Y., 5; 11 Dun., 591-2; 59 N. Y., 359 ; 55 N. Y., 608; 49 N. Y., 521. 2. Expenses of medical attendance not recoverable.
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APPEAL from Pulaski Circuit Court, lion. J. 'W. Martin, Circuit Judge. 1. As to what constitutes a superintendent as contra-distinguished from a fellow-workman. Pierce on Railroads, 368; M. $ M. R. Co. v. Smith, 59 Ala., 245; C. P. R. Go. v. Moran, 44 Md., 283; K. P. R. Co. v. Salmon, 11 Kav., 83; R. Co. v. Decker, 82 Penn. St., 119; 84 ib., 419; 64 N! Y., 5; 11 Dun., 591-2; 59 N. Y., 359 ; 55 N. Y., 608; 49 N. Y., 521. 2. Expenses of medical attendance not recoverable. Manges v. M. C. Town. Pa,., 12 Reporter, 345; R. R. v. Donahue, 20 P. F. Smith, 124; R. R. o. Kelly, 7 Casey, 372; R. R. v.…
1Opinion of the CourtEakin, J.
The appellants are partners in a cotton-gin manufactory at Little Rock. Phillips, a minor, through his father, as next friend, sued them for damages, upon the ground of their negligence and want of due caution in putting him at work upon and about a dangerous machine, whilst in their employment, whereby his left hand was so torn and lacerated that amputation became necessary. He recovered, before a jury, a verdict for $1,500, and the company appeals.
The material evidence is to the effect that defendants were running a gin factory, in which were used various kinds of machinery. Hall, one of…
2Cases cited2 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
3Cited by25 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Harris v. McNamaraSupreme Court of Alabama · 1892
- Levey v. BigelowIndiana Court of Appeals · 1893
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- Bohn Manuf'g Co. v. EricksonCourt of Appeals for the Eighth Circuit · 1893
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