Arkadelphia Lumber Co. v. Henderson
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. M. M. Henderson, as next friend of John Henderson, a minor, sued the Arkadelphia Lumber Company for damages on account of personal injuries sustained by him while in the employ of said Lumber Company.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. M. M. Henderson, as next friend of John Henderson, a minor, sued the Arkadelphia Lumber Company for damages on account of personal injuries sustained by him while in the employ of said Lumber Company. He alleged that he was working in the mill of the Lumber Company about its stave bolting machine, a “dangerous and deceptive machine,” which was so adjusted that only a small portion of the saws therein were visible to the operator; that the chains which were carried to said saws were defective in that they were…
1Opinion of the Court
Hiix, C. J.,
(after stating the facts.) 1. The first contention is that the court erred in not giving the 7th instruction asked by the Lumber Company, which was a peremptory instruction to find for the defendant. The evidence adduced on behalf of the plaintiff showed that the injury was due to either a defect in the machine or to Henderson’s failure to properly connect the’ disconnected chain to continue the machine in operation; and in either event the Lumber Company would be liable if it failed to warn him. of a defect in the machine or as to the dangers connected with the operation thereof.…
2Cases cited5 opinions
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
- Bodcaw Lumber Co. v. FordSupreme Court of Arkansas · 1907
- McCarthy v. McArthurSupreme Court of Arkansas · 1901
- Ford v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1904
3Cited by7 opinions
- Brayman v. Russell & Pugh Lumber Co.Idaho Supreme Court · 1917
- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
- Warren Vehicle Stock Co. v. SiggsSupreme Court of Arkansas · 1909
- Connelly v. ParkesSupreme Court of Arkansas · 1923
- Darling v. BurnettSupreme Court of Arkansas · 1910
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