Arkadelphia Lumber Co. v. Whitted
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. The court erred in giving the third instruction asked for by the plaintiff, and in refusing to give the fourteenth instruction asked for by the defendant. Rules are generally only necessary to be promulgated by railroads and like corporations. 58 Ark. 332. They are required only to avoid accidents, and when from the dangerous nature of the business'accidents would most likely occur without them. 64 Am.
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Appeal from Clark Circuit Court; Joel D. Conway, Judge; 1. The court erred in giving the third instruction asked for by the plaintiff, and in refusing to give the fourteenth instruction asked for by the defendant. Rules are generally only necessary to be promulgated by railroads and like corporations. 58 Ark. 332. They are required only to avoid accidents, and when from the dangerous nature of the business'accidents would most likely occur without them. 64 Am. St. Rep. 785; 20 Am. & Eng. Enc. of L. (2 Ed.), 101. They need not necessarily be written or printed and posted up; if verbal, and…
1Opinion of the CourtBattue, J.
Emmet Whitted, by his next friend, brought this action against the Arkadelphia Lumber Company to recover damages occasioned by injuries sustained by him while in the service of the defendant. The lumber company owned and operated a machine for manufacturing staves. In the machine and a part of it were saws so constructed that, when in operation, they vibrate up and down and to the right and left at a great rate of speed, and can be stopped and put in motion independently of other parts of the machine. The plaintiff, a lad about eleven vears of age, was employed by the defendant to assist in…
2Cases cited3 opinions
- Ford v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1904
- King-Ryder Lumber Co. v. CochranSupreme Court of Arkansas · 1902
- Glover v. Dwight Manufacturing Co.Massachusetts Supreme Judicial Court · 1888
3Cited by5 opinions
- Arkansas Midland Railway Co. v. WordenSupreme Court of Arkansas · 1909
- Cain v. CarlleeSupreme Court of Arkansas · 1925
- St. Louis-San Francisco Railway Co. v. ConlySupreme Court of Arkansas · 1923
- Darling v. BurnettSupreme Court of Arkansas · 1910
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922