Bryant Lumber Co. v. Stastney
Supreme Court of Arkansas
Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. Where a specific instruction clearly applying the law to ;i the facts in the case is refused, even though the law in a general way is covered by other instructions, such refusal is error. 52 Ark. 45; 50 Ark. 545; 69 Ark. 134; 76 Ark. 227; 77 Ark. 128.; Id. 201. 2. The common-law rule with reference' to classification of employees will control in 'this case.
Read the full summary
Appeal from Perry Circuit Court; Robert J. Lea, Judge; 1. Where a specific instruction clearly applying the law to ;i the facts in the case is refused, even though the law in a general way is covered by other instructions, such refusal is error. 52 Ark. 45; 50 Ark. 545; 69 Ark. 134; 76 Ark. 227; 77 Ark. 128.; Id. 201. 2. The common-law rule with reference' to classification of employees will control in 'this case. The foreman, having no authority to employ or discharge, but only to direct those under him in doing their work, was a fellow servant with appellee, and his negligence, if any, will…
1Opinion of the CourtHiee, C. J.
Mike Stastney was a Bohemian, about 20 years of age; and was employed by the Bryant Lumber Company to work in its lumber yards. He spoke but little English. He was employed in piling boards, and the foreman came to him and directed 'him to go to a different place to work, and he followed the foreman in going to the new duty assigned to him. The lumber company had a spur track running into its lumber yards, upon which they used a switch engine for the purpose of pulling the cars to receive its lumber.
There was a pile of lumber stacked about two feet and a half from the track, a sufficient…
2Cases cited6 opinions
- Choctaw, Oklahoma & Gulf Railroad v. JonesSupreme Court of Arkansas · 1906
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- Archer-Foster Construction Co. v. VaughnSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. AndrewsSupreme Court of Arkansas · 1906
- Ultima Thule, Arkadelphia & Mississippi Railway Co. v. CalhounSupreme Court of Arkansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Gaster v. HicksSupreme Court of Arkansas · 1930
- Wortz v. Fort Smith Biscuit Co.Supreme Court of Arkansas · 1912
- Mosley v. RainesSupreme Court of Arkansas · 1931
- Ozan Lumber Co. v. BryanSupreme Court of Arkansas · 1909
- Asher v. ByrnesSupreme Court of Arkansas · 1911
12 more not listed; retrieve them via the Exa API.