Carroll v. Texarkana Gas & Electric Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This suit was brought by appellant in the Miller Circuit Court against appellee for damages for personal injuries to him and injuries to his horse and buggy, alleged to have been caused while driving along the street by his horse stepping or falling, in the night time, into an excavation in the street in the city of Texarkana, negligently left open and unguarded by appellee, the damage being…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. This suit was brought by appellant in the Miller Circuit Court against appellee for damages for personal injuries to him and injuries to his horse and buggy, alleged to have been caused while driving along the street by his horse stepping or falling, in the night time, into an excavation in the street in the city of Texarkana, negligently left open and unguarded by appellee, the damage being alleged at $1,000 to himself, $100 to his horse and $5 to his buggy. Defendant, after denying it, admitted making the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). No complaint is made of any of the instructions given, nor of the introduction or rejection of testimony, but only that the verdict was contrary to the law and the evidence.
The jury found by their verdict for the appellant that the appellee had negligently left open and unguarded an excavation in the street of the city, into which appellant drove in the night and was injured, but it assessed only one dollar damages for the injury, although the testimony was virtually undisputed that the damages suffered by appellant on account of such injuriés amounted to…
2Cited by13 opinions
- Fulbright v. PhippsSupreme Court of Arkansas · 1928
- Smith v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1935
- Clark v. SpurdisCourt of Appeals of Texas · 1924
- Krummen Motor Bus & Taxi Co. v. Mechanics' Lumber Co.Supreme Court of Arkansas · 1927
- Law v. CollinsSupreme Court of Arkansas · 1967
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