Dodd v. Read
Supreme Court of Arkansas
Appeal from Howard Circuit Court; James S. Steel, Judge; Action by Nannie Read, administratrix of the estate of C. H. Read, against T. J. Dodd & Co. to recover damages caused by destruction of plaintiff’s house by fire alleged to have been communicated from a stationary steam engine which defendants were operating. The plaintiff recovered judgment for $300 damages, and defendants appealed. 1. The verdict was excessive.
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Appeal from Howard Circuit Court; James S. Steel, Judge; Action by Nannie Read, administratrix of the estate of C. H. Read, against T. J. Dodd & Co. to recover damages caused by destruction of plaintiff’s house by fire alleged to have been communicated from a stationary steam engine which defendants were operating. The plaintiff recovered judgment for $300 damages, and defendants appealed. 1. The verdict was excessive. No witness testified that the house was worth over $200, and the jury could not arbitrarily disregard the testimony and award $300 damages. 2. There is no proof that there are…
1Opinion of the CourtMcCueeoch, J.
Plaintiff’s house was situated about 70 yards distant from a stave mill operated by defendants, and was destroyed by fire. The testimony was conflicting as to the origin of the fire, the plaintiff’s theory being that it was caused by sparks from, the engine, and defendants’ theory being that it originated from a defect in the chimney of the house. This question was submitted to the jury on evidence sufficient to sustain a finding either way, and the verdict settled'that issue.
The evidence is undisputed that defendants operated the steam engine without the use of a spark arrester or other…
2Cases cited6 opinions
- Hoyt v. JeffersMichigan Supreme Court · 1874
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- Lawton v. . GilesSupreme Court of North Carolina · 1884
- Webster v. SymesMichigan Supreme Court · 1896
- Planters' Warehouse & Compress Co. v. TaylorSupreme Court of Arkansas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Ark. State Highway Comm. v. BowmanSupreme Court of Arkansas · 1963
- Chicago Mill & Lumber Co. v. RossSupreme Court of Arkansas · 1911
- Yeager v. CooleyCourt of Appeals of Georgia · 1932
- Missouri Pac. R.R., Thompson v. CampbellSupreme Court of Arkansas · 1944
1 more not listed; retrieve them via the Exa API.