Brinkley Car Works & Manufacturing Company v. Lewis
Decision Date | 23 June 1900 |
Citation | 57 S.W. 1108,68 Ark. 316 |
Parties | BRINKLEY CAR WORKS & MANUFACTURING COMPANY v. LEWIS |
Court | Arkansas Supreme Court |
Appeal from Monroe Circuit Court, JAS. S. THOMAS, Judge.
STATEMENT BY THE COURT.
This is an action to recover damages for personal injuries sustained by appellee while in employ of appellant. It is alleged in the complaint that, for about five years prior to time of injury (November 27, 1897), plaintiff (appellee) had been working around the mill and lumber yard of defendant (appellant), which is a corporation engaged in the manufacture of lumber on an extensive scale; that it was plaintiff's duty topush loaded cars from the mill, on tracks, to various parts of the yard; that defendant had carelessly piled green lumber too near the track on which plaintiff's car was operated, which green lumber, on said 27th day of November, 1897, fell on plaintiff and greatly injured him; that defendant had failed to furnish plaintiff a safe place in which to labor, or safe appliances to work with; that plaintiff was damaged by the injury, in the sum of $ 10,000, for which sum he brought suit.
Defendant denied the material allegations of the complaint, and alleged that, if plaintiff was injured at the time mentioned, file injury resulted from the negligence of plaintiff and his fellow workmen.
On May 3, 1898, the case was tried, and plaintiff recovered judgment for $ 125. Motion for new trial was filed May 4th. Motion was overruled, and defendant excepted. In due time defendant filed its bill of exceptions, and appealed to this court. The evidence, in full, on the part of the plaintiff, is as follows:
Isom Humphrey testified as follows:
Tom Hicks:
G. R Lewis, the plaintiff' "I am the plaintiff in this case. I am 40 years old, and am married. I had been in the employ of defendant, prior to November 27, 1887, about four or five years. On November 27, 1897, while myself and Aquella Polk and some others were pushing a loaded car along the track to the yard, a large pile of green lumber, 16 feet long, fell on me and broke my leg. Dr. Sumpter was called in to attend tome, and I saw a bone about 4 inches long which he took out of nay leg. I was confined to my bed for about four months, and am not now able to work or to get around without the aid of crutches, and my leg pains me greatly. I have worked in lumber business a great deal, and know the difference between piling and stacking it. To pile it means to lay it down, one plank on another, with no sticks between the layers, and lumber piled in this way is liable to tumble down. To stack lumber is to put sticks between the layers and to turn the end of the lumber toward the track on which the car runs. The piled lumber is generally put off lengthways along the side of the track. The lumber which fell on me was piled several days before it fell, and was piled lengthways by the side of the track, by Toney James and Thomas Thornton. It was not taken from the push car, but was taken from the rollers, and piled there to go through the planer. At least, it was in the place that lumber is...
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