Arkansas Lumber Co. v. Wallace
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Henry W. Wells, Judge; 1. In giving appellee’s requested instructions Nos. 1, 2 and 5, the court in effect tells the jury that it is the master’s duty to protect the servant from all injury to life and person while engaged in his duties; that the servant has the right to expect that the master will not expose him to extraordinary danger, and that the servant does not assume any extraordinary risk attending such work, nor assume any risk…
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Appeal from Bradley Circuit Court; Henry W. Wells, Judge; 1. In giving appellee’s requested instructions Nos. 1, 2 and 5, the court in effect tells the jury that it is the master’s duty to protect the servant from all injury to life and person while engaged in his duties; that the servant has the right to expect that the master will not expose him to extraordinary danger, and that the servant does not assume any extraordinary risk attending such work, nor assume any risk resulting from the master’s negligence. The effect of these instructions was to make the master liable as an insurer of the…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff sued his employer, the defendant Arkansas Lumber Company, to recover damages resulting from personal injuries received while at work in the course of his employment. A piece of heavy timber fell on him and inflicted painful and serious injury, and the trial jury awarded damages in the sum of three thousand dollars.
The plaintiff was a carpenter by trade, and was employed by the defendant to do that kind of work. He worked under the immediate direction of his foreman, Will Darby, who in turn was under the general supervision of the mill foreman, Gus Ruff. On the day of the injury…
2Cited by3 opinions
- Rhodes v. DriverSupreme Court of Arkansas · 1913
- Industrial Farm Home Gas Co. v. McDonaldSupreme Court of Arkansas · 1962
- Industrial Farm Home Gas Co. v. McDonaldSupreme Court of Arkansas · 1962