Sheldon Handle Co. v. Williams
Supreme Court of Arkansas
Appeal from Hot Spring 'Circuit Court; W. H. Evans, Judge; 1. A verdict should have been directed for defendant. This is a clear case of assumed risk. Where the duty is delegated to the servant himself of making his own working place and appliances safe, or to determine the sufficiency of the appliances or material which he has to use, then he assumes the risk -of any danger arising from the use of such working place, appliances or material.
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Appeal from Hot Spring 'Circuit Court; W. H. Evans, Judge; 1. A verdict should have been directed for defendant. This is a clear case of assumed risk. Where the duty is delegated to the servant himself of making his own working place and appliances safe, or to determine the sufficiency of the appliances or material which he has to use, then he assumes the risk -of any danger arising from the use of such working place, appliances or material. There was no negligence on the part of the master; the material furnished was good and the choice of using it was left entirely to the servant.' 26 Cyc.…
1Opinion of the CourtMcCulloch, C. J.
Sheldon Handle is the name of a partnership composed of Mason -Sheldon, M. O. Sheldon and Z. L. Sheldon, who are operating a wooden handle factory at Malvern, Arkansas. The factory was constructed in the autumn of 1913, and was actually put into operation in January or February, 1914. The plaintiff, Claude Williams, began working for the defendants at the factory before the actual operation was begun. In other words, he was employed in November, 1913, to do general work about the plant, and when the operations began he was put to work at -a lathe and continued to work there until he received…
2Cases cited3 opinions
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