River, Rail & Harbor Const. Co. v. Goodwin

• Decision Date: 11 November 1912
• Citation: River, Rail & Harbor Const. Co. v. Goodwin, 151 S.W. 267, 105 Ark. 247 (Ark. 1912)
• Parties: RIVER, RAIL & HARBOR CONST. CO. v. GOODWIN.
• Court: Arkansas Supreme Court

151 S.W. 267

RIVER, RAIL & HARBOR CONST. CO. v. GOODWIN.

Supreme Court of Arkansas.

November 11, 1912.

Appeal from Circuit Court, Pulaski County; F. Guy Fulk, Judge.

Action by R. F. Goodwin against the River, Rail & Harbor Construction Company. Judgment for plaintiff; defendant appeals. Reversed, and remanded for new trial.

Appellee instituted this action against appellant to recover damages for personal injuries received by him while working for appellant. Appellant was engaged in the work of preventing banks of rivers from caving. It used the Gabion system. The system is patented, and is so arranged that it changes the current of the river where it is washing. As a part of the system, poles of wood, bent in the form of a half circle and fastened together, are used. They are called hoops. The hoops are made in the following manner: Two stobs of wood, 3 or 4 feet long, are driven in the ground about 12 or 14 inches. They are placed far enough apart to put between them one end of the poles which it is desired to bend. Men then take hold of the other end of the pole and pull it around and place it between other stobs similarly driven in the ground, so that the pole forms a half circle. The men are required to pull, instead of push, the end of the pole around, because it is less dangerous. For instance if the men were at work on the outside pushing the pole around, and it should break or slip from between the stobs, they would be more likely to be injured than if they stayed on the inside and pulled the pole around. For this reason those engaged in making the hoops were required to work on the inside. On the day appellee was injured, other servants of appellant were engaged in making hoops in the manner above described. Appellee and another servant of appellant were engaged in carrying poles from a boat, tied to the river bank, to a place in front of the hoops. He was injured by one of the poles flying out from its fastening and striking him on the leg, just as he was passing along there with one end of a pole on his shoulder.

Appellee details the circumstances attending his injury as follows: "I was a farmer, and had never been engaged in any other occupation. I am 45 years of age. I did not want to work for appellant, because the business was new to me, and I was afraid I would get hurt. They first engaged me to dig holes in the ground and bury logs in them, for the purpose of securing the Gabions thereto. After I had worked on this for a few days, I was told to assist in carrying poles and placing them in front of the hoops, which were being made by other servants of the company. We had only carried three or four poles at the time I was injured. The pole we were carrying at the time I was injured was 5 or 6 inches thick at the butt, and about 18 or 20 feet long. We had carried it from the boat, and were traveling along a beaten path to place it in position at the side of and somewhat in front of the hoop that was being made. Just as we came opposite the stobs they had driven in the ground, and started to make the turn, one of the stobs pulled out of the ground. This released the pole which was being bent into the hoop, and the end flew around and struck me on the leg, breaking it. I did not know it was dangerous to go in front of the hoops when they were making them. I thought the stakes were put in the ground deep enough to hold them. I saw the men at work making the hoops, and saw that they were staying inside the hoops while making them, but supposed they did so because they could pull more on the inside than they could push if they were on the outside. It did not occur to me that standing on the inside and pulling was safer than standing on the other side and pushing. I was in about 4 or 5 feet of the stob when it pulled out of the ground. At the time I got hurt, they had not fastened the pole. They had just got it to the stake, and were fastening it down when the stob pulled out. I was not warned of the danger of working around the hoops." Other evidence was adduced by appellee tending to corroborate his testimony and to show the character and extent of his injuries.

Appellant adduced evidence tending to show that appellee, in carrying the poles out at one time, stepped over the hoops in the the performance of his task, and had been warned not to do that any more, because it was dangerous. Other evidence for appellant tends to show that the stob did not pull out, but that the pole slipped from between the stobs and flew back and struck appellee, breaking his leg. Other evidence will be referred to in the opinion.

The jury returned a verdict for appellee, and the case is here on appeal.

Coleman & Lewis, of Little Rock, for appellant. Jas. A. Gray and Geo. A. McConnell, both of Little Rock, for appellee.

HART, J. (after stating the facts as above).

Appellee testified that a Mr. Taylor was a servant engaged in the making of hoops, and was standing about 10 or 12 feet away when he was injured. Appellee said that Taylor came to him at once when he was injured, and when asked, "What did he say?" answered: "He said, if he had been doing his duty and making them like he should have made them, it wouldn't have happened, and he wouldn't have had it happen for a hundred dollars; and I was in so much pain I didn't pay any attention." This...