Darling v. Burnett
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; statement by the court. Horatio Burnett, a minor, by his father and -next friend, John C. Burnett, brought this suit against H. H. Darling and C. P. Darling, partners under their firm' name of Darling Brothers, to recover damages for injuries sustained by him while employed at the sawmill of the defendants.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; statement by the court. Horatio Burnett, a minor, by his father and -next friend, John C. Burnett, brought this suit against H. H. Darling and C. P. Darling, partners under their firm' name of Darling Brothers, to recover damages for injuries sustained by him while employed at the sawmill of the defendants. Evidence was adduced by him to prove the following facts: On the 16th day of March, 1909, he went to the sawmill of the defendants to secure employment. At that time he was 19 years old. He had worked around the mill before that,…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for defendants assign as error the action of the court in amending and giving to the jury as amended instruction No. 4 asked 'by them. The instruction, as amended or modified, is as follows:
“4. You are told that the servant is bound to obey the reasonable commands of the master, and if, while disobeying these commands, he is injured, the master is not liable. So, in this case, if you find from the evidence that the plaintiff had been instructed by the defendants not to go .behind the line shaft, or had been told not to hold -the belt down with the…
2Cases cited5 opinions
- Emma Cotton Seed Oil Co. v. HaleSupreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. CarawaySupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. DupreeSupreme Court of Arkansas · 1907
- Arkadelphia Lumber Co. v. HendersonSupreme Court of Arkansas · 1907
- Arkadelphia Lumber Co. v. WhittedSupreme Court of Arkansas · 1906
3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. BatesSupreme Court of Arkansas · 1924