Oak Leaf Mill Co. v. Smith
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The master is required to use ordinary care only to furnish safe and sufficient tools, appliances and instrumentalities with which the servant is to work. 80 Ark. 68; 35 Ark. 602; 46 Ark. 567; Laibait, on Master & Servant, 86. The testimony shows that_ the plank used was sufficient, in the location where it was placed, for the purpose intended, i. e., to assist the oiler in oiling the machinery. 85 Ark. 60. Wherever…
Read the full summary
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; The master is required to use ordinary care only to furnish safe and sufficient tools, appliances and instrumentalities with which the servant is to work. 80 Ark. 68; 35 Ark. 602; 46 Ark. 567; Laibait, on Master & Servant, 86. The testimony shows that_ the plank used was sufficient, in the location where it was placed, for the purpose intended, i. e., to assist the oiler in oiling the machinery. 85 Ark. 60. Wherever the employee’s means of information are equal to or greater than those of the employer, the latter is under no duty to…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by B. H. Smith against the Oak Leaf Mill Company, a corporation, to recover damages for injuries sustained by -the plaintiff while at work in the defendant’s service on December 30, 1908. It is alleged in the complaint that plaintiff was at work as foreman, under the direction of the general manager, and that the defendant had in its employ a millwright and repair man, whose duty it was to keep the machinery and the places where the employees were to work in good repair; that in the construction of the mill defendant put a plank about eight or ten feet in length…
2Cases cited1 opinion
- Bryant Lumber Co. v. StastneySupreme Court of Arkansas · 1908
3Cited by6 opinions
- Wortz v. Fort Smith Biscuit Co.Supreme Court of Arkansas · 1912
- Oak Leaf Mill Co. v. LittletonSupreme Court of Arkansas · 1912
- Fraser v. NormanSupreme Court of Arkansas · 1931
- Haraway v. ManceSupreme Court of Arkansas · 1933
- Sandals v. Mizpah Mining Co.Supreme Court of Oklahoma · 1917
1 more not listed; retrieve them via the Exa API.