Lisko v. Uhren
Supreme Court of Arkansas
Appeal from Prairie Circuit Court; Thos. C. Trim-ble, Judge; 1. The verdict is overwhelmingly against the testimony. There is no testimony to sustain it, where the physical facts are taken into consideration. The jury had no right to disregard arbitrarily the plain, undisputed statements of witnesses who said they saw the water running over from one field and into the other. 101 Ark. 532. Besides the physical facts show negligence on part of appellee.
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Appeal from Prairie Circuit Court; Thos. C. Trim-ble, Judge; 1. The verdict is overwhelmingly against the testimony. There is no testimony to sustain it, where the physical facts are taken into consideration. The jury had no right to disregard arbitrarily the plain, undisputed statements of witnesses who said they saw the water running over from one field and into the other. 101 Ark. 532. Besides the physical facts show negligence on part of appellee. A verdict will be set aside where it is against the clear weight of the evidence. 70 Ark. 385; 34 Id. 632; 10 Id. 492; 151 S. W. 288; 96 Ark.…
1Opinion of the CourtHumphreys, J.
Appellant instituted a suit against appellee in the Southern District of the Prairie Circuit Court, alleging that appellee, who owned a rice farm adjoining his land, had wilfully, maliciously, negligently and carelessly pumped water from a large well on his rice lands and flooded certain lands of appellant, and thereby destroyed 20 tons of hay; and by a continuation of so flooding the land, prevented him from harvesting 30 tons of growing grass, to his total damage in the sum of $200.00.
Appellee filed answer denying the material allegations of the complaint.
The cause was heard by a jury upon…
2Cases cited6 opinions
- Blackwood v. EadsSupreme Court of Arkansas · 1911
- Taylor v. Grant Lumber Co.Supreme Court of Arkansas · 1910
- McIlroy v. Arkansas Valley Trust Co.Supreme Court of Arkansas · 1911
- Brock v. StateSupreme Court of Arkansas · 1911
- Blevins v. StateSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Security Insurance Company of Hartford v. OwenSupreme Court of Arkansas · 1973
- Aetna Life Ins. Co. v. LangstonSupreme Court of Arkansas · 1934
- Freeman v. StateSupreme Court of Arkansas · 1921
- Sterling Stores, Inc. v. MartinSupreme Court of Arkansas · 1965
- Brown v. StateSupreme Court of Arkansas · 1923
4 more not listed; retrieve them via the Exa API.