St. Louis, Iron Mountain & Southern Railway Co. v. Baker
Supreme Court of Arkansas
1. The exceptions to the general rule making it the duty of the master to furnish the servant a safe place to work are as well-established as the rule itself.
Read the full summary
1. The exceptions to the general rule making it the duty of the master to furnish the servant a safe place to work are as well-established as the rule itself. The duty does not apply where the work is making a dangerous place safe; where the work itself makes the place unsafe or dangerous; where the character of the place for safety is constantly changing as the work progresses as the direct result of the servant’s labor. 1 Bailey on Personal Injuries, § 81. For exceptions to the general rule devolving the master’s duty upon the servant himself, see 100 Ark. 634; 93 Id. 140; 96 Id. 206; 76…
1Opinion of the CourtWood, J.
This is the second appeal in this case. The issues and facts on the first appeal are fully stated in St. Louis, I. M. & S. Ry. Co. v. Baker, 100 Ark. 156. The facts in the present record are substantially the same as they were on the first appeal, except that the present record shows that Yernon testified, in part, on the last trial, as follows:
Our foreman was Mr. Waits. He had instructed us to do the work mechanically. There was no other way to do the work mechanically than by going in on the crane rail and doing the work as we did it. We were to let the-window down with a rope. He went over…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. BakerSupreme Court of Arkansas · 1911
3Cited by5 opinions
- E. J. O'Brien & Co. v. Shelton's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1932
- St. Louis, Iron Mountain & Southern Railway Co. v. YatesSupreme Court of Arkansas · 1914
- Mercury Mining Co. v. ChambersSupreme Court of Arkansas · 1937
- Mace v. Carolina Mineral Co.Supreme Court of North Carolina · 1915
- Alix Coal Co. v. NelsonSupreme Court of Arkansas · 1920