Legal Opinion

Bellville Land & Lumber Co. v. Bradshaw

Supreme Court of Arkansas

Decided April 23, 1917Published

Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The deceased assumed the risks that were incident to the operation of the machine. 95 Ark. 560; 122 Ark. 125; 77 Ark. 367; 53 Id. 117; 77 Id. 458; Labatt on Master & S., § $ 388, 404; 161 Mass. 153; 16 L. R. A. (N. S.) 614. He was familiar with the machine. 2. The company used due care and provided a safe place to work in.

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Appeal from White Circuit Court; J. M. Jackson, Judge; 1. The deceased assumed the risks that were incident to the operation of the machine. 95 Ark. 560; 122 Ark. 125; 77 Ark. 367; 53 Id. 117; 77 Id. 458; Labatt on Master & S., § $ 388, 404; 161 Mass. 153; 16 L. R. A. (N. S.) 614. He was familiar with the machine. 2. The company used due care and provided a safe place to work in. He left his usual place and went to another. 104 Ark. 6; 90 Id. 149. He was working contrary to instructions and assumed the risk. There was no negligence on the part of appellant. Cases supra. 96 Ark. 461, 464; 84…

1Opinion of the CourtWood, J.

This suit was instituted by the appellee as administratrix of the estate of Joseph C. Bradshaw against the appellant to recover damages as administratrix and in her own right for the death of her son, alleged to have been caused through the negligence of appellant.

The complaint duly alleged that the appellant was a corporation, and that Joseph C. Bradshaw was, at the time of the alleged injury, in its employ as a feeder to a certain rip-saw connected with the machinery of the company; that the company was negligent in the following particulars: That it had assigned Bradshaw to the duty of…

2Cases cited2 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. SchultzSupreme Court of Arkansas · 1914
  2. St. Louis, Iron Mountain & Southern Railway Co. v. HowardSupreme Court of Arkansas · 1916

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