Rundell v. Rogers
Supreme Court of Arkansas
Appeal from Saline Circuit Court; M. H. Hollemm, Special Judge; 1. It was not the duty of the landlord to keep the fence in repair, as there was no agreement to do so. 16 R. C. L. 1030, § 552; 33 L. R. A. 449 and notes; 72 Ark. 405; 63 Id. 430; 18 A. & E. Ene.
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Appeal from Saline Circuit Court; M. H. Hollemm, Special Judge; 1. It was not the duty of the landlord to keep the fence in repair, as there was no agreement to do so. 16 R. C. L. 1030, § 552; 33 L. R. A. 449 and notes; 72 Ark. 405; 63 Id. 430; 18 A. & E. Ene. L., vol. 4215 and 246, § 2; 16 R. C. L. 1033, § 553. 2. There was error in admitting testimony as to “custom” relative to upkeep and repairs. 18 A. & E. Enc. 217; 210 S. W. 626; L. R. A. 1917 P. 997; 33 L. R. A. 451, notes; 65 N. W. 913. Custom was not pleaded. 1 L. R. A. 1497. Parol testimony as to custom fell short of showing that…
1Opinion of the CourtWood, J.
This action was brought by the appellee against the appellant. The appellee alleged that he rented about five acres of land from the appellant which was to be cultivated in corn during the year 1918; that appellee was to pay one-third of what was produced to the appellant; that appellant with the permission of appellee gathered his share of the corn; that in doing so he gathered more than one-third; that the appellant negligently failed to keep the fence in good repair around the land and thereby negligently permitted hogs to get in the field and to eat and aestroy all the corn that appellant…
2Cases cited4 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. WirbelSupreme Court of Arkansas · 1913
- Jones v. FelkerSupreme Court of Arkansas · 1904
3Cited by3 opinions
- EE Terry, Inc. v. Cities of Helena and West HelenaSupreme Court of Arkansas · 1974
- Wyatt v. ErnySupreme Court of Arkansas · 1937
- Clark v. MatlockSupreme Court of Arkansas · 1934