Moline Timber Co. v. Taylor
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; James S. Steel, Judge, on exchange; 1. There was error in the instructions given for plaintiff and in refusing those asked for defendant.
Read the full summary
Appeal from Hempstead Circuit Court; James S. Steel, Judge, on exchange; 1. There was error in the instructions given for plaintiff and in refusing those asked for defendant. No. 1 for plaintiff was abstract and prejudicial. 87 Ark. 471, 243; 135 Id. 330. Instruction No. 2 for plaintiff ignores the testimony of the plaintiff himself that he understood that when the promise was made by the foreman to repair the machine that the repairs would be made by Monday morning. 2. The instruction as to the measure of damages was inherently incorrect. 65 Ark. 619. 3. It was error to refuse the…
1Opinion of the CourtSmith, J.
Appellee sustained am injury while operating a band cut-off saw in appellant’s saw mill. The saw ran through a slot in a table having an iron apron. On top of the iron apron was a board fifteen or eighteen inches wide and six or seven feet long, through which the cut-off saw ran through a slit or groove corresponding with the slit or groove in the iron apron of the table, and appellee claims that his injury was due to the fact that the board on top of the table was defective, in that it had cupped up and had split for a distance of several inches, and that there was a broken guide above the…
2Cases cited1 opinion
- Missouri Pacific Railroad v. BlockSupreme Court of Arkansas · 1920
3Cited by5 opinions
- Girard v. IrvineCalifornia Court of Appeal · 1929
- Ice Service Co. v. ForbessSupreme Court of Arkansas · 1929
- Schaff v. SandersTexas Commission of Appeals · 1925
- Texas & N. O. R. v. OzunaCourt of Appeals of Texas · 1954
- Missouri Pacific R.R. Co. v. MyersSupreme Court of Arkansas · 1930