Poinsett Lumber & Manufacturing Co. v. Traxler
Supreme Court of Arkansas
Appeal.from Poinsett Circuit Court; J. F. Qcmtney, Judge; 1. Barker’s statement.to appellee after the accident was not a part of the res gestae, but a mere narrative of a past event, not an explanation nor illustration of the cause or manner of the accident, and the court erred in refusing to exclude it. 105 Ark.. 247. 2. Instruction 4 requested by appellant, should have been given. 100 Ark. 422; 104 Ark. 67. ... 3. The court erred in refusing’ to give instruction 9,…
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Appeal.from Poinsett Circuit Court; J. F. Qcmtney, Judge; 1. Barker’s statement.to appellee after the accident was not a part of the res gestae, but a mere narrative of a past event, not an explanation nor illustration of the cause or manner of the accident, and the court erred in refusing to exclude it. 105 Ark.. 247. 2. Instruction 4 requested by appellant, should have been given. 100 Ark. 422; 104 Ark. 67. ... 3. The court erred in refusing’ to give instruction 9, requested by the appellant. While it is true that since the act of 1907 abolishing the common-law fellow-servant rule, the…
1Opinion of the CourtMcCulloch, C. J.
AppeEant was engaged in operating a sawmill in Poinsett County, Arkansas, and appellee received personal injuries while working at the mill as .an employee of appellant, and this is an action to recover compensation for such injuries. Appellee was engaged in the work of tailing the edger, as it is termed by the witnesses; that is to say, he was receiving the pieces of timber from the edger and forwarding the same on down the roller to be conveyed out to the proper places. He charges negligence on the part of a fellow-servant in reversing the live rollers so as to cause two pieces of timber to…
2Cases cited2 opinions
- Skillern v. BakerSupreme Court of Arkansas · 1907
- Chicago Mill & Lumber Co. v. JohnsonSupreme Court of Arkansas · 1912
3Cited by5 opinions
- Montgomery v. First National Bank of NewportSupreme Court of Arkansas · 1969
- Bridwell v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1935
- Arkansas Power & Light Co. v. HarperSupreme Court of Arkansas · 1970
- Forrester v. LockeSupreme Court of Arkansas · 1921
- McGill v. MillerSupreme Court of Arkansas · 1931