Jones & Norris v. Nichols
Supreme Court of Arkansas
APPEAL from Logan Circuit Court in Chancery. Hon. R. B. Ruthbreord, Circuit Judge. The common law is in force here, and cattle running at large that go upon the lands of another are trespassing, and their owner is liable for the trespass. The owner is guilty of contributory negligence, and must take the risk of such injuries as may occur to them, if not proximately and directly the result of the unlawful act of the land owner.
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APPEAL from Logan Circuit Court in Chancery. Hon. R. B. Ruthbreord, Circuit Judge. The common law is in force here, and cattle running at large that go upon the lands of another are trespassing, and their owner is liable for the trespass. The owner is guilty of contributory negligence, and must take the risk of such injuries as may occur to them, if not proximately and directly the result of the unlawful act of the land owner. Gooley on Torts, p. p. 337-8-9 ; ib., 651^-5-6-7-8-9, 660-1-81, 690 ;i31/ N. J., 1/67; 16 Ark., SOS. An action for damages will not lie, unless the party charged owed…
1Opinion of the CourtCockrill, C. J.
The appellants were the owners of a cotton gin and grist mill combined. The building was set upon posts, leaving the space beneath open. In this open space they dug a pit for their cotton press. The appellee’s cow fell into the pit and was killed. He sued the appellants and obtained judgment for $40, the value of the cow. The appeal is prosecuted to reverse this judgment.
1. !0®s: *ho1? It seems that the bill of exceptions does not contain the •entire charge of the court to the jury, but only such parts as the appellants saw fit to except to, together with their requests for instructions which…
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