Harris Lumber Co. v. Morris
Supreme Court of Arkansas
Appeal from Polk Circuit Court; James S. Steel, Judge; statement by the court. This is an action brought 'by Abner N. Morris against the 'Harris Lumber Company to recover damages alleged to have been received by the plaintiff while working for defendant in the sawmill operated by the latter at Eagleton, Arkansas.
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Appeal from Polk Circuit Court; James S. Steel, Judge; statement by the court. This is an action brought 'by Abner N. Morris against the 'Harris Lumber Company to recover damages alleged to have been received by the plaintiff while working for defendant in the sawmill operated by the latter at Eagleton, Arkansas. The plaintiff alleges in his complaint that he was employed by defendant to work at a planing machine in the mill, but was put to work by the foreman at a ripsawing machine, and, while oiling the machine, the skirt of his blouse was caught by a set screw attached to a collar on the…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. The court, over the objection of defendant, gave the following instruction, which is assigned as error, towit:
“No. 9. Damages for torts are not weighed in golden scales; and if the jury find from the evidence in this case that the defendant was grossly negligent in assigning plaintiff to work where the danger was latent and known, or that the condition of the machinery, by the exercise of ordinary prudence or care, should have been known by the defendant, then they are war7 ranted in assessing punitive damages in this case.”
This instruction was…
2Cases cited9 opinions
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Southern Cotton Oil Co. v. SpottsSupreme Court of Arkansas · 1906
- Arkansas & Louisiana Railway Co. v. StroudeSupreme Court of Arkansas · 1905
- Railway v. HallSupreme Court of Arkansas · 1890
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Power Manufacturing Company v. SaundersSupreme Court of Arkansas · 1925
- District Grand Lodge No. 11 v. PrattSupreme Court of Arkansas · 1910
- Smith v. WeatherfordSupreme Court of Arkansas · 1909
- Wilcox v. HebertSupreme Court of Arkansas · 1909
- Huddleston v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1908
2 more not listed; retrieve them via the Exa API.