Arkadelphia Lumber Co. v. Smith
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. This case is distinguishable from 53 Ark. 347 and 70 Ark. 290, relied on by plaintiff, in that in each of those cases the plaintiff was injured in the course of his duties, while at the work he was. employed to do, at a time when he was upon tracks over which the railway company^ operated trains under contract with the owner, while in this case the employees of one company used at their own request a handcar upon…
Read the full summary
Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. This case is distinguishable from 53 Ark. 347 and 70 Ark. 290, relied on by plaintiff, in that in each of those cases the plaintiff was injured in the course of his duties, while at the work he was. employed to do, at a time when he was upon tracks over which the railway company^ operated trains under contract with the owner, while in this case the employees of one company used at their own request a handcar upon tracks of a railway company, a stranger, for their own convenience. Plaintiff is not entitled to recover. 64 N. E. 587. 2.…
1Opinion of the CourtBattle, J.
On the 15th day of October, 1900, Oscar Smith was seriously injured while in the service of the Arkadelphia Lumber Company. He brought this action against the lumber company to recover damages sustained by reason of the injuries.
The lumber company is a corporation, and owned and operated a saw and planing mill at Daleville, in Clark County, in this State, on or near the railroad of the Ultima Thule, Arkadelphia & Mississippi Railway Company, and was engaged in the manufacture of lumber. A lateral railroad was constructed from the main line of the railway company to and into the timber lands…
2Cases cited5 opinions
- Packet Company v. McCueSupreme Court of the United States · 1873
- Stetler v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1880
- Little Rock & Ft. Smith Railway Co. v. CagleSupreme Court of Arkansas · 1890
- Arkansas Central Railroad v. JacksonSupreme Court of Arkansas · 1902
- Lynn v. Antrim Lumber Co.Supreme Court of Louisiana · 1901
3Cited by7 opinions
- Arkansas Land & Lumber Co. v. CookSupreme Court of Arkansas · 1923
- St. Louis-San Francisco Railway Co. v. BarronSupreme Court of Arkansas · 1924
- Boyle-Farrell, Land Co. v. HaynesSupreme Court of Arkansas · 1923
- Sparkman Hardwood Lumber Co. v. McCannSupreme Court of Arkansas · 1935
- Producers Gravel Sand Co., Inc. v. JonesSupreme Court of Arkansas · 1939
2 more not listed; retrieve them via the Exa API.