Arkansas Machine & Boiler Works v. Moorhead
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Northern District; Thos. G. Trimble, Judge; 1. Instructions must embrace all the facts and conditions essential to a proper verdict. 63 N. E. 1008. An instruction which ignores a material issue about which the evidence is conflicting is misleading. 93 Ark. 573; 55 Id. 395; 155 S. W. 885. It must be complete and correct. 95 N. E. 328. 2. To render one liable for damages for breach of a contract which arise from special circumstances, and…
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Appeal from Arkansas Circuit Court, Northern District; Thos. G. Trimble, Judge; 1. Instructions must embrace all the facts and conditions essential to a proper verdict. 63 N. E. 1008. An instruction which ignores a material issue about which the evidence is conflicting is misleading. 93 Ark. 573; 55 Id. 395; 155 S. W. 885. It must be complete and correct. 95 N. E. 328. 2. To render one liable for damages for breach of a contract which arise from special circumstances, and are so large as to be out of proportion to the consideration agreed upon, it must appear not only that he knew of such…
1Opinion of the CourtSmith, J.
This action was instituted to recover the damage suffered by .appellee through the negligence of an employee of appellant in making certain repairs on an engine, as a result of which negligence the engine blew up and wrecked itself. The negligence complained of “consisted in defendant failing to drill a sufficient number of holes of a sufficient depth and in not putting in a sufficient number of cap screws and in not putting in properly the cap screws that were put in to hold the broken piece in place, in that the hole was not drilled into the broken piece as it should have been, but was only…
2Cases cited2 opinions
- Machine Co. v. Compress Co.Tennessee Supreme Court · 1900
- Wells Fargo & Co. v. W. B. Baker Lumber Co.Supreme Court of Arkansas · 1914
3Cited by10 opinions
- John's Heating Service v. LambAlaska Supreme Court · 2002
- Burr v. ClarkWashington Supreme Court · 1948
- Lewis v. ScottWashington Supreme Court · 1959
- Carley v. AllenWashington Supreme Court · 1948
- Arnesen v. RoweWashington Supreme Court · 1955
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