Scott v. Wisconsin & Arkansas Lumber Co.
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James 8. Steel, Judge; The testimony here warranted the submission of the controversy to a jury, and it was error to direct a verdict for the defendant. When a servant enters the employment of the master, he only assumes the usual and ordinary risks of the employment, and does not assume the negligence of the master, or the master’s servants unless he knew and appreciated it.
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Appeal from Howard Circuit Court; James 8. Steel, Judge; The testimony here warranted the submission of the controversy to a jury, and it was error to direct a verdict for the defendant. When a servant enters the employment of the master, he only assumes the usual and ordinary risks of the employment, and does not assume the negligence of the master, or the master’s servants unless he knew and appreciated it. There is no testimony that deceased knew that defendant’s servants had put this setscrew in the lineshaft. The testimony shows that this set screw was of unusual and dangerous .length…
1Opinion of the CourtWood, J.
The Wisconsin & Arkansas Lumber Company, hereafter called appellee, is a corporation having a mill plant and engaged in the business of manufacturing lumber and other timber products at Walco, Arkansas. Boy Scott, hereafter called deceased, had been in the employ of the appellee for more than eight years. For more than two and a half years prior to his death, he was employed in the capacity of lath mill foreman. While in the discharge of his duties as such foreman on the 30th day of January, 1920, his clothing was caught on a line shaft, and he was killed. The deceased was twenty-nine years…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. ColemanSupreme Court of Arkansas · 1911
- McDonnell v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Wortz v. Fort Smith Biscuit Co.Supreme Court of Arkansas · 1912
- Central Coal & Coke Co. v. FitzgeraldSupreme Court of Arkansas · 1920
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- McAllister, Administrator v. CalhounSupreme Court of Arkansas · 1947
- Briant v. Carl-Lee Bros.Supreme Court of Arkansas · 1923
- Pugh v. CampSupreme Court of Arkansas · 1948
- St. Louis Southwestern Railway Co. v. GantSupreme Court of Arkansas · 1924
- Francis v. Arkadelphia Milling Co.Supreme Court of Arkansas · 1922
5 more not listed; retrieve them via the Exa API.