Arkansas Land & Lumber Co. v. Secrist
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; STATEMENT BY THE COURT. Appellee alleged in Ms complaint that on the 10th of January, 1914, hie was engaged as a laborer in •helping to construct extensive mill isheds for tbe appellant company 'and tihiait in the construction of these .sheds the appellant company had negligently (and carelessly caused the carpenters constructing them to place the joists on which the roof rested without any bracing of any kind…
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Appeal from Hot Spring Circuit Court; W. E. Evans, Judge; STATEMENT BY THE COURT. Appellee alleged in Ms complaint that on the 10th of January, 1914, hie was engaged as a laborer in •helping to construct extensive mill isheds for tbe appellant company 'and tihiait in the construction of these .sheds the appellant company had negligently (and carelessly caused the carpenters constructing them to place the joists on which the roof rested without any bracing of any kind whatever to support the same, the only support for .said joists feeing nails at the ends thereof, and that the appellant…
1Opinion of the Court
Smith, J.,
(after stating the facts). No serious objection is made to any of the instructions given by the court except 'that appellant insists that the undisputed evidence shows that appellee was the servant of an independent contractor, and that under no view of the evidence was the appellant company responsible for his injury.
The law of this question was stated in the opinion of this court in the case of Arkansas Natural Gas Co. v. Miller, 105 Ark. 477, in which case we quoted with approval the following statement of the law from Elliott on Railroad's, volume 2, section 1063, as follows:
“In…
2Cases cited1 opinion
- Arkansas Natural Gas Co. v. MillerSupreme Court of Arkansas · 1912
3Cited by8 opinions
- Moore & Chicago Mill & Lumber Co. v. PhillipsSupreme Court of Arkansas · 1938
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- W. H. Moore Lumber Company v. StarrettSupreme Court of Arkansas · 1926
- Crossett Lumber Company v. McCain, Comm. of LaborSupreme Court of Arkansas · 1943
- J. W. Wheeler & Co. v. FitzpatrickSupreme Court of Arkansas · 1918
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