Chapman & Dewey Land Co. v. Woodruff
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injuries alleged to have been received by appellee on account of the negligence of some other servants of appellant company, with whom he was working in felling trees.
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Appeal from Craighead Circuit Court, Jonesboro District; J. F. Gautney, Judge; STATEMENT BY THE COURT. This is a suit for damages for personal injuries alleged to have been received by appellee on account of the negligence of some other servants of appellant company, with whom he was working in felling trees. Appellee notched the trees with an axe on the side in the direction the tree was expected to fall, and Lynne and Harbison were cutting the trees down with a cross-cut saw. They stood or knelt with their backs toward the notch and sawed from the opposite side. Appellee had notched this…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court erred in refusing said requested instructions and striking from the files the amended answer. Appellee relied upon the failure to. observe 'the custom or practice and the agreement alleged to exist between him and his co-workers in the felling of the trees, to warn him, that the tree being sawed was about to fall, in time for him to get out of its way as negligence authorizing him to recover for the injury, and in support of this adduced testimony tending to show that there was an agreement between them to this effect, and…
2Cases cited1 opinion
- American Bonding Co. v. MorrisSupreme Court of Arkansas · 1912
3Cited by3 opinions
- Caddo River Lumber Co. v. GroverSupreme Court of Arkansas · 1916
- Louisville Nashville Railroad Co. v. RevermanCourt of Appeals of Kentucky (pre-1976) · 1932
- Canal Const. Co. v. HensonCourt of Appeals for the Eighth Circuit · 1922