White River Railway Co. v. Batesville & Winerva Telephone Co.
Supreme Court of Arkansas
Appeal from Izard Circuit Court; John W. Meeks, Judge; STATEMENT BY TI-IE COURT. The complaint charged that the Batesville & Winerva Telephone Company was a corporation organized under the laws of Arkansas, and owned prior to October, 1901, a telephone line through the counties of Independence, Izard and Baxter, and that in the early part of 1901 it constructed its telephone line on the north or east bank of White River from Syllamore to Penter’s Bluff, Independence County.
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Appeal from Izard Circuit Court; John W. Meeks, Judge; STATEMENT BY TI-IE COURT. The complaint charged that the Batesville & Winerva Telephone Company was a corporation organized under the laws of Arkansas, and owned prior to October, 1901, a telephone line through the counties of Independence, Izard and Baxter, and that in the early part of 1901 it constructed its telephone line on the north or east bank of White River from Syllamore to Penter’s Bluff, Independence County. That in October, November and December, 1901, the defendant, the White River Railway Company, began the construction of…
1Opinion of the Court
Wood, J.,
(after stating the facts.)
First. Appellant did not except to the giving’ of instruction number three which'it makes the fifth ground of'its assignment of error in the motion for new trial. Appellant therefore can not complain of the giving of this instruction.
But, passing that, instructions numbered three and four declared the law more in appellant’s favor tifian it had the right to ask under the testimony adduced.
• The proof showed that the work contracted for by appellant with its principal contractor, and which was by him sublet to another,' would necessarily result in injury -to…
2Cases cited2 opinions
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
- St. Louis, Iron Mountain & Southern Railway Co. v. YonleySupreme Court of Arkansas · 1890
3Cited by10 opinions
- Griffin v. Anderson-Tully Co.Supreme Court of Arkansas · 1909
- J. W. Wheeler & Co. v. FitzpatrickSupreme Court of Arkansas · 1918
- Hurley v. OliverSupreme Court of Arkansas · 1909
- Jackson v. Petit Jean Electric Co-opCourt of Appeals of Arkansas · 1980
- Stout Lumber Company v. ReynoldsSupreme Court of Arkansas · 1928
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