Michigan-Arkansas Lumber Co. v. Bullington
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. As a matter of law the appellant was not guilty of negligence in the construction of the frame work and the location of the saw therein.
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Appeal from Craighead Circuit Court, Jonesboro District; Frank Smith, Judge; 1. As a matter of law the appellant was not guilty of negligence in the construction of the frame work and the location of the saw therein. The instrumentalities furnished were safe for the use for which they were intended, since it is undisputed that the only purpose of the doorway to the enclosure was to enable the saws to be placed on or taken off its wheels, and that this was never done and in fact could not be done until after the saw stopped. The proximate cause of the injury was not the construction of the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Herbert Bullington, sues his employer for damages by reason of the loss of his arm, alleged to have been caused by negligence of the employer in the operation of a sawmill where plaintiff was working. The sawing was done with a large band saw, and plaintiff was employed as an offbearer of lumber from the saw. He had been employed at the mill only five days, about half of which time he had worked out on the yards. His duties as offbearer were to take the lumber as it came from the saw and convey it away to be stacked. When the saw became dull, and it was necessary to remove it…
Also in this document: Dissent.
2Cases cited3 opinions
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Owen v. StateSupreme Court of Arkansas · 1908
- Warren Vehicle Stock Co. v. SiggsSupreme Court of Arkansas · 1909
3Cited by5 opinions
- State Medical Board v. RodgersSupreme Court of Arkansas · 1935
- Koss Construction Co. v. VanderburgSupreme Court of Arkansas · 1932
- Ward Furniture Manufacturing Co. v. PickleSupreme Court of Arkansas · 1927
- Holcomb v. StateSupreme Court of Arkansas · 1951
- Holcomb v. StateSupreme Court of Arkansas · 1951