Ozan Lumber Co. v. Biddie
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The risk of injury was assumed by appellee. The evidence is undisputed that the sawyer cannot always judge where to hit the log with' the “nigger,” and under the proof this was a risk which could not be provided against.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; 1. The risk of injury was assumed by appellee. The evidence is undisputed that the sawyer cannot always judge where to hit the log with' the “nigger,” and under the proof this was a risk which could not be provided against. Such accidents as •.this are always likely to happen, as appears by the evidence; and, if the company was liable for the acts of the sawyer, there was no evidence of negligence to submit to the jury. There was no charge of negligence in running the carriage too fast alleged in the complaint. The act of 1907, upon…
1Opinion of the CourtBattle, J.
The Ozan Lumber Company is a domestic corporation, doing a general sawmill business, with its principal place of business and offices at Prescott, in Nevada County, Arkansas.
Frank Biddié brought an action against it, and alleged in his complaint, in part, as follows:
“That on the 28th day of May, 1907, the plaintiff was in the employment of the defendant, working at its sawmill at Prescott and was setting ‘dogs’; that plaintiff was in the exercise of due care; that the defendant had at that time in its employment as sawyer one Mr. Schenks, who, in placing a log on the carriage, or in turning…
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