Archer-Foster Construction Co. v. Vaughn
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge. J. H. Vaughn, as next friend to Joseph J. Fitzpatrick, sued the Archer-Foster Construction Company to recover damages for personal injuries alleged to have been received in its employment, and recovered judgment, from which defendant appealed. If any negligence is shown, it was that of a fellow-servant.
Read the full summary
Appeal from Sebastian Circuit Court, Fort Smith District; Styles T. Rowe, Judge. J. H. Vaughn, as next friend to Joseph J. Fitzpatrick, sued the Archer-Foster Construction Company to recover damages for personal injuries alleged to have been received in its employment, and recovered judgment, from which defendant appealed. If any negligence is shown, it was that of a fellow-servant. If a foreman or one who in some respects is a vice-principal performs an act of labor in common with the labor of the plaintiff, he is a fellow-servant. 58 Ark. 217. A foreman having power to employ, control and…
1Opinion of the CourtWood, J.
Appellee alleges in his complaint, among other things, the following:
“That on the 18th day of February, 1904, while the said Joseph J. Fitzpatrick was in the lawful employ of the defendant as aforesaid, the defendant did negligently, carelessly and recklessly take the said Joseph J. Fitzpatrick from where he was working in a place of safety, and did negligently, carelessly and recklessly set him to work at a hole which was heavily loaded with dynamite and other strong explosives, and did negligently, carelessly and recklessly fail and neglect to warn or notify the said Joseph J. Fitzpatrick…
2Cases cited4 opinions
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Fones v. PhillipsSupreme Court of Arkansas · 1882
- Railway Co. v. TorreySupreme Court of Arkansas · 1893
- Ft. Smith Oil Co. v. SloverSupreme Court of Arkansas · 1893
3Cited by13 opinions
- Prickett v. Sulzberger & Sons Co.Supreme Court of Oklahoma · 1916
- Texarkana Telephone Co. v. PembertonSupreme Court of Arkansas · 1908
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Western Coal & Mining Co. v. CorkilleSupreme Court of Arkansas · 1910
8 more not listed; retrieve them via the Exa API.