Jones v. Mayberry
Supreme Court of Arkansas
Appeal from Chicot Circuit Court; Turner Butter, Judge; STATEMENT OP PACTS. This is an appeal by defendants from a judgment of the circuit court against them in plaintiff’s favor in an action brought to recover damages for personal injuries alleged to have been caused by the defendant’s negligence. At the time the plaintiff, R. A. Mayberry, received his injuries he was in the employ of the defendants, J. M. Jones and A. B. Dunn, partners under the firm name of Jones & Dunn.
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Appeal from Chicot Circuit Court; Turner Butter, Judge; STATEMENT OP PACTS. This is an appeal by defendants from a judgment of the circuit court against them in plaintiff’s favor in an action brought to recover damages for personal injuries alleged to have been caused by the defendant’s negligence. At the time the plaintiff, R. A. Mayberry, received his injuries he was in the employ of the defendants, J. M. Jones and A. B. Dunn, partners under the firm name of Jones & Dunn. He was injured while running an edger machine at the mill of the defendants. He had been working as an edger for nine or…
1Opinion of the CourtHart, J.
(after- stating the facts). One of the grounds of negligence alleged in the complaint is, that the injury to the plaintiff was caused by the negligence of the off-bearer in throwing a slab so that it would fall upon the one that the plaintiff was holding and thereby caused his hand to fall in the hole where it would be injured by the cog.
The evidence shows that the defendants were partners. Therefore they do not come within the terms of the statute which provides that the master shall be liable for injuries caused by.the negligence of fellow-servants. This act applies only to corporations…
2Cases cited1 opinion
- Graham v. ThrallSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Rhoads v. Service MacHine CompanyDistrict Court, E.D. Arkansas · 1971
- Spradlin v. KlumpSupreme Court of Arkansas · 1968
- Orr v. JohnsonSupreme Court of Arkansas · 1928