Railway Co. v. Hopkins
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. 1. The placing of the sign was the work of an independent contractor for whose negligent acts defendant cannot'be held liable. 13 S. W. Rep., 333. 2. The sign, placed as it was, was not a nuisance per se ; and it was error to refuse defendant’s second prayer. 92 N. Y., 588; 97 N. Y., 571; 46 Barb., 561 ; 4 Exch., 244 ; 14 N. Y., 524; 1 S. & R., 219; 1 Lans., 64; 37 Barb., 207. 3. The company was not liable for the “…
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APPEAL from Pulaski Circuit Court. Joseph W. Martin, Judge. 1. The placing of the sign was the work of an independent contractor for whose negligent acts defendant cannot'be held liable. 13 S. W. Rep., 333. 2. The sign, placed as it was, was not a nuisance per se ; and it was error to refuse defendant’s second prayer. 92 N. Y., 588; 97 N. Y., 571; 46 Barb., 561 ; 4 Exch., 244 ; 14 N. Y., 524; 1 S. & R., 219; 1 Lans., 64; 37 Barb., 207. 3. The company was not liable for the “ act of God,” or the acts of third persons over whom it had no control, and without their knowledge or consent, and the…
1Opinion of the CourtCockrill, C. J.
The appellant maintained a ticket office in the city of Little Rock, and advertised the fact by means of a large wooden sign fastened to the wall over the entrance from the street, fifteen feet above the sidewalk. The sign fell upon the appellee and injured him without fault of his, while he was upon the sidewalk. This appeal is prosecuted to reverse a judgment for damages in the sum of $750, recovered by the appellee for the injury.
When the sign-board was first put up, it was securely fastened. Its weight was supported by brick projections from the wall. Subsequently the servants of an…
2Cases cited2 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Khron v. BrockMassachusetts Supreme Judicial Court · 1887
3Cited by15 opinions
- McHarge v. M. M. Newcomer & Co.Tennessee Supreme Court · 1906
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- Chiles v. Fort Smith Commission Co.Supreme Court of Arkansas · 1919
- Fordyce v. JacksonSupreme Court of Arkansas · 1892
- McCrorey v. ThomasSupreme Court of Virginia · 1909
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