J. W. Wheeler & Co. v. Fitzpatrick
Supreme Court of Arkansas
Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The undisputed testimony is that Lane was an independent contractor.
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Appeal from Cross Circuit Court, First Division; W. J. Driver, Judge; 1. The undisputed testimony is that Lane was an independent contractor. Appellee was Lane’s employee and appellants were not liable for Lane’s negligence or that of his employees. 53 Ark. 503; 54 Id. 209; 54 Id. 424 ; 55 Id. 510; 77 Id. 551; 81 Id. 195; 111 Id. 486; 118 Id. 561; 60 S. E. 654; 58 N. H. 52; 30 Atl. 346; 62 S. E. 436; 1 K. B. 851; 124 Pac. 844; 146 N. W. 241; 1 Sweeney (N. Y.) 545; 65 L. R. A. 445-467 M. 469 Q; 17 L. R. A. (N. S.) 375. 2. The court erred in its instructions. Cases supra. Also in refusing…
1Opinion of the CourtWood, J.
Appellant is a partnership, engaged in the manufacture of hardwood lumber.
Appellee brought this action against the appellant and also against G-eorge Lane for damages for personal injuries. He alleged that he was in the employ of the appellant and engaged in the work of rafting logs in the St. Francis River; that Lane was the agent of the appellant and that appellee at the time of his injury was under the supervision and direction of appellant’s agent, Lane.
The complaint sets forth the acts of negligence which it is alleged caused the injury.
The appellant answered and denied these alleged…
2Cases cited5 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis, Iron Mountain & Southern Railway Co. v. GillihanSupreme Court of Arkansas · 1906
- Overhouser v. American Cereal Co.Supreme Court of Iowa · 1905
- White River Railway Co. v. Batesville & Winerva Telephone Co.Supreme Court of Arkansas · 1906
- Arkansas Land & Lumber Co. v. SecristSupreme Court of Arkansas · 1915
3Cited by14 opinions
- Terry Dairy Co. v. ParkerSupreme Court of Arkansas · 1920
- Humphries v. KendallSupreme Court of Arkansas · 1937
- Ellis & Lewis v. WarnerSupreme Court of Arkansas · 1929
- Mississippi River Fuel Corp. v. MorrisSupreme Court of Arkansas · 1931
- Wilson v. DavisonSupreme Court of Arkansas · 1938
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