Marcum v. Three States Lumber Co.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; STATEMENT BY THE COURT. This is an action by James Marcum against the Three States Dumber Company to recover damages for breaking his leg on January 17, 1907, while in the employ of the company. The defendant company was at the time operating a steam log skidder, used for dragging or skidding logs from the woods to the railroad.
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Appeal from Mississippi Circuit Court, Osceola District; Frank Smith, Judge; STATEMENT BY THE COURT. This is an action by James Marcum against the Three States Dumber Company to recover damages for breaking his leg on January 17, 1907, while in the employ of the company. The defendant company was at the time operating a steam log skidder, used for dragging or skidding logs from the woods to the railroad. The machine was made by the Clyde Iron Works, and consisted of a steam engine mounted on a flat car with a boom about 32 feet long at each end and extending in both directions, front' and…
1Opinion of the CourtHart, J.
(after stating the facts). In support of the judgment of the court directing a verdict for the defendant, now appellee, it is contended that upon the undisputed facts of the case the plaintiff, now appellant, must be deemed to have accepted the risk of such injury as befell him.-
In a note to the case of Foster v. Chicago, &c., Ry. Co., 127 Iowa 84, 4 Am. & Eng. Ann. Cas., 153, the servant’s assumption of risk, as affected by the master’s promise to repair, is aptly stated as follows: “It is a well settled general rule that the assumption of risk implied from a servant’s knowledge that a tool,…
2Cases cited12 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Marsh v. . ChickeringNew York Court of Appeals · 1886
- Indianapolis & St. Louis Railway Co v. WatsonIndiana Supreme Court · 1888
- Greene v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmanSupreme Court of Arkansas · 1909
- Headrick v. H. D. Cooperage Co.Supreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- Newport Manufacturing Co. v. AltonSupreme Court of Arkansas · 1917
- Chicago Mill & Lumber Co. v. CooperSupreme Court of Arkansas · 1909
7 more not listed; retrieve them via the Exa API.