A. L. Clark Lumber Co. v. St. Coner
Supreme Court of Arkansas
Appeal from Pike Circuit Court, James S. Steel, Judge; 1. The first instruction given is erroneous in that it places liability on appellant merely on proof that appellee’s injury was caused by the unsafe scaffold. It -makes appellant’s liability depend upon the occurrence of the injury, and assumes disputed facts.
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Appeal from Pike Circuit Court, James S. Steel, Judge; 1. The first instruction given is erroneous in that it places liability on appellant merely on proof that appellee’s injury was caused by the unsafe scaffold. It -makes appellant’s liability depend upon the occurrence of the injury, and assumes disputed facts. The giving of subsequent instructions at appellant’s request opposing -this erroneous theory would not operate to cure the defects in this instruction. 65 Ark. 64; 76 Ark. 69-73. It is further erroneous in that it places no duty whatever upon appellee in respect to the care to be…
1Opinion of the CourtHart, J.
Appellant prosecutes this appeal to reverse a judgment against it in favor of appellee for damages received by him while in the employ of appellant and alleged to have been sustained on account of the negligence of appellant.
In June, 1909, appellee was employed at the sawmill of appellant as off-bearer, that is he bore slabs away from the saw. The mill was shut down, and the mill foreman told appellee to lower the shafting. This was done by unscrewing the bars from the bolts and lifting the bolts off. While engaged in unscrewing the nuts, he stood on a plank two inches thick by ten inches…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. BarnettSupreme Court of Arkansas · 1898
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Railway Company v. DobbinsSupreme Court of Arkansas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
- St. Louis, Iron Mountain & Southern Railway Co. v. BirdSupreme Court of Arkansas · 1913
- McCord v. Bailey and MillsSupreme Court of Arkansas · 1938
- Missouri Pacific Transportation Co. v. KinneySupreme Court of Arkansas · 1939
- Mo. Pac. R.R. v. HarelsonSupreme Court of Arkansas · 1964
3 more not listed; retrieve them via the Exa API.