Buckeye Cotton Oil Co. v. Horton
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in its charge to the jury. The two instructions given by the court are conflicting. One who suffers this stock to go at large takes the risk incident.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The court erred in its charge to the jury. The two instructions given by the court are conflicting. One who suffers this stock to go at large takes the risk incident. He takes the permissage pasturage with its accompanying perils. 48 Ark. 369. 2. There is no obligation on the owner to keep grounds in safe condition against trespassers or stray animals. 57 Ark. 16. The only duty owing is to refrain from attracting or drawing cattle to a dangerous place or substance, and no liability occurs if the injury is the…
1Opinion of the CourtHart, J.
A. A. Horton instituted this action before a. justice of the peace against the Buckeye Cotton Oil Company, a corporation, to recover the sum of $150, the value of a Jersey cow which he alleged came to her death on account of the negligence of the defendant.
The plaintiff recovered before the justice of the peace -and the case was appealed to the circuit court and a trial anew there resulted in a verdict -and judgment for the plaintiff in -the ,sum of $65.
The defendant, the Buckeye Cotton Oil Company, was engaged in operating an oil mill. It had three tunnels about five feet high used in…
2Cases cited2 opinions
- Jones & Norris v. NicholsSupreme Court of Arkansas · 1885
- St. Louis, Iron Mountain & Southern Railway Co. v. WilsonSupreme Court of Arkansas · 1914
3Cited by1 opinion
- Abbott v. VanmeterSupreme Court of Arkansas · 1920