Daugherty v. Southern Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; STATEMENT OF FACTS. Appellants sued appellee to recover damages for injuries sustained by being thrown from a buggy by the horse drawing it becoming frightened at the negligent blowing of a steam whistle at the gin of appellee. L. D. Daugherty lived about one mile east of Newport and worked in a garage in that city.
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Appeal from Jackson Circuit Court; Dene H. Coleman, Judge; STATEMENT OF FACTS. Appellants sued appellee to recover damages for injuries sustained by being thrown from a buggy by the horse drawing it becoming frightened at the negligent blowing of a steam whistle at the gin of appellee. L. D. Daugherty lived about one mile east of Newport and worked in a garage in that city. On the 24th day of September, 1917, Mrs. Daugherty drove from their residence into town, in a one-horse buggy drawn by a gentle black horse, for the purpose of bringing her husband home. She was accompanied by her…
1Opinion of the Court
HART, J.,
(after stating the facts). The issue raised by the appeal is whether or not the court erred in directing a verdict for appellee.
The use of a steam whistle in a manufacturing establishment or gin is not a nuisance per se, but it may be used so as to become such. Thompson on Negligence, vol. 1, par. 1261. In the application of this principle it has been frequently held that although it is lawful for a manufacturing establishment to maintain a steam whistle, that whistle must be used with ordinary care and due regard for the rights of others, and if by the negligent use thereof horses…
2Cited by2 opinions
- Alaska Lumber Company v. SpurlinSupreme Court of Arkansas · 1931
- Louisville Nashville R.R. Co. v. ChambersCourt of Appeals of Tennessee · 1928