Triangle Lumber Co. v. Acree
Supreme Court of Arkansas
Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT by the court. Appellee recovered damages against appellant for personal injuries sustained by Mm wMle in its employment.
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Appeal from Grant Circuit Court; W. H. Evans, Judge; STATEMENT by the court. Appellee recovered damages against appellant for personal injuries sustained by Mm wMle in its employment. He alleged, as his cause of action, that on July 9,1912, and prior thereto, he was employed by appellant as fireman of an engine wMch ran a sMdder machine that was used to drag logs from the woods; that the logs were dragged by fastening tongs into them; but the appellant negligently failed to provide good, safe and secure tongs with wMch that work could be performed; but furnished to its employees, so engaged,…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think no error was committed by the court in its modification of appellant’s third instruction. It is true, as stated by Mr. Labatt, that “a master’s duty in respect to furnishing his servant with a safe place in which to work extends to such parts of his premises only as he has prepared for their occupancy while doing- their work, and to such parts as he knows, or ought to know, they are accustomed to using while doing it. The ¡application of this principle has frequently prevented recovery in cases where the injury proximately resulted from the fact…
2Cases cited8 opinions
- People v. . KoernerNew York Court of Appeals · 1897
- The People v. . MurphyNew York Court of Appeals · 1886
- People v. . SchuylerNew York Court of Appeals · 1887
- Sibley v. SmithSupreme Court of Arkansas · 1885
- Railway Company v. DobbinsSupreme Court of Arkansas · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Williams v. StateSupreme Court of Arkansas · 1975
- Smith v. MartinSupreme Court of Vermont · 1919
- Butler v. RuleArizona Supreme Court · 1926
- Duff v. AyersSupreme Court of Arkansas · 1922
- Holliday v. Merchants & Miners Transportation Co.Supreme Court of Georgia · 1926
14 more not listed; retrieve them via the Exa API.