Roberts v. Smith Furniture & Appliance Co.

George Howard, Jr., Justice,

dissenting. I cannot join the majority in sustaining the circuit court in reversing the holding of the Workmen’s Compensation Commission which places an affirmative duty upon an employer to discover or investigate the circumstances under which his employees are required to perform any function in the proximity to overhead high voltage lines to the end that precautionary steps may be taken for the safety and welfare of the employees. The applicable statute is Ark. Stat. Ann. § 81-1405 (Repl. 1976), which provides in relevant part as follows:

“81-1405. PROHIBITED…