Pierce Oil Corp. v. Taylor
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The court erred in sustaining the demurrer to the paragraph of the answer setting up the plea of res adjudicatu. The loss of the money on the person of Alice Taylor, she holding same as bailee for the plaintiff, was a damage necessarily inhering in the judgment in the Federal court.
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Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The court erred in sustaining the demurrer to the paragraph of the answer setting up the plea of res adjudicatu. The loss of the money on the person of Alice Taylor, she holding same as bailee for the plaintiff, was a damage necessarily inhering in the judgment in the Federal court. All causes of action growing out of the death of Alice Taylor inhered in Elihu Taylor as administrator of Alice Taylor, and all the issues in this case were included, inhered in and were a part of the right of recovery in the former case. 79 Ark. 62 is…
1Opinion of the CourtMcCulloch, C. J.
Mrs. Alice Taylor, the mother of plaintiff, lost her life on November 26, 1917, as the result of an explosion of some kind of oil sold by the defendant, Pierce Oil Corporation, as kerosene, and which Mrs. Taylor used in an effort to start a fire in a stove. It is alleged that the oil thus sold by the defendant and used by Mrs. Taylor was not kerosene, but was either gasoline or some other oil‘more inflammable than kerosene, and that the defendant was guilty of actionable negligence in selling the fluid and furnishing it for use as kerosene. Mrs. Taylor’s clothing' caught fire from the…
2Cases cited3 opinions
- Armour & Co. v. DrurySupreme Court of Arkansas · 1920
- Overby v. McGeeSupreme Court of Arkansas · 1855
- Pierce Oil Corp. v. TaylorCourt of Appeals for the Eighth Circuit · 1920
3Cited by7 opinions
- Gibson Oil Company v. BushSupreme Court of Arkansas · 1928
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. HilleyCourt of Appeals of Georgia · 1968
- Magnolia Petroleum Co. v. BellSupreme Court of Arkansas · 1932
- General Exchange Insurance Corp. v. ArnoldSupreme Court of Arkansas · 1943
- Houston Oil Co. of Texas v. McGuireSupreme Court of Arkansas · 1933
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