General Fire Extinguisher Co. v. Beal-Doyle Dry Goods Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. Tke evidence is not sufficient to show negligence on the part of appellant, and, the burden resting on the appellee to make out its case, appellant’s request for a peremptory instruction should have been sustained. 2. The testimony of the witnesses, Epstein, Cohn and Durst, as to the amount of damage done, should have been excluded, because they did not qualify as experts in valuing damaged goods,…
Read the full summary
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. Tke evidence is not sufficient to show negligence on the part of appellant, and, the burden resting on the appellee to make out its case, appellant’s request for a peremptory instruction should have been sustained. 2. The testimony of the witnesses, Epstein, Cohn and Durst, as to the amount of damage done, should have been excluded, because they did not qualify as experts in valuing damaged goods, did not show that they had examined the same with such particularity as to enable them to form an opinion, and did not…
1Opinion of the CourtWood, J.
The Beal-Doyle Dry Goods Company, engaged in the wholesale dry goods business in the city of Little Rock, was occupying a building owned by Marguerite Miller. Fones under the terms of a lease which required the owner to construct and install an automatic sprinkler system, including a tripod and the enclosing of the pipes and other portions thereof in wooden casings. The Memphis Steel Construction Company was employed to erect the steel tripod, upon which the tank rested that supplied the water for the automatic sprinkler system in the building. The legs of the tripod extended from the…
2Cases cited8 opinions
- Chicago, Burlington & Quincy Railroad v. MetcalfNebraska Supreme Court · 1895
- Kelly v. McDonaldSupreme Court of Arkansas · 1882
- St. L., I. M. & S. Ry. v. BiggsSupreme Court of Arkansas · 1887
- Blass v. LeeSupreme Court of Arkansas · 1892
- Hutchinson v. PoyerMichigan Supreme Court · 1889
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- International Harvester Co. of America v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1919
- Millison v. Ades of Lexington, Inc.Court of Appeals of Maryland · 1971
- Ara v. RutlandCourt of Appeals of Texas · 1915
- Kane v. Carper-Dover Mercantile Co.Supreme Court of Arkansas · 1944
- Whaley v. CrutchfieldSupreme Court of Arkansas · 1956
12 more not listed; retrieve them via the Exa API.