Hays v. Williams
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellees were the owners of a three-story brick veneered building in the -city of Fayetteville, which was destroyed by fire on the 10th day of January, 1914. The first story wtas used for ¡business houses, the second for offices -and the third ¡as a hall or lodge room.
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Appeal from Washington Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. Appellees were the owners of a three-story brick veneered building in the -city of Fayetteville, which was destroyed by fire on the 10th day of January, 1914. The first story wtas used for ¡business houses, the second for offices -and the third ¡as a hall or lodge room. Appellant had his law offices in the second story thereof, and brings this suit for damages for the destruction of his library and office furniture in the' fire. The complaint alleges that the -only entrance to the second floor of the building…
1Opinion of the Court
Kirby, J.,
(after stating the facts). There are many alleged errors complained of in the voluminous brief of appellant which we do not find it necessary to discuss.
Instruction numbered 2 is not in correct form and is open to some of the criticism directed against it by the appellant, and if it was ■ the only instruction upon the point would call for a reversal of the case.(1) A plaintiff is entitled to recover, upon making out his case by a preponderance of the testimony, and when the jury find that the issue has been established by a preponderance of the testimony, that is all that is…
2Cases cited4 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- St. Louis, Iron Mountain & Southern Railway Co. v. SparksSupreme Court of Arkansas · 1906
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
- James v. JamesSupreme Court of Arkansas · 1893
3Cited by11 opinions
- Joyce Carolyn Smith v. United StatesCourt of Appeals for the Eighth Circuit · 1984
- Meeks v. Graysonia, Nashville & Ashdown RailroadSupreme Court of Arkansas · 1925
- Central Flying Service v. CriggerSupreme Court of Arkansas · 1949
- Whaley v. NivenSupreme Court of Arkansas · 1927
- Bocquin v. TheurerSupreme Court of Arkansas · 1918
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