Kilgo v. Continental Casualty Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. The court erred in permitting T. M. Mehaffy to testify as to communications between him and plaintiff. These communications between a client and his attorney were privileged and incompetent without'the consent of plaintiff.
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Appeal from Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. The court erred in permitting T. M. Mehaffy to testify as to communications between him and plaintiff. These communications between a client and his attorney were privileged and incompetent without'the consent of plaintiff. Kirby’s Digest, § 3095; 33 Ark. 774. The court erroneously adopted, the view or theory that plaintiff communicated the facts to Colonel Mehaffy for the purpose of having him communicate them to the defendant company. This view or theory is not warranted by the evidence. The testimony shows that…
1Opinion of the CourtSmith, J.
On January 22, 1914, appellee, hereinafter referred to as the company, issued to appellant, hereinafter referred to as plaintiff, a policy of insurance which provided that if plaintiff should receive an injury through external, violent and purely accidental means, rendering him unable to perform any labor, the company would pay him an indemnity of fifteen dollars per week during the time he was so disabled but not to exceed one hundred and four consecutive weeks.
Plaintiff offered testimony to the effect that on September 19, 1915, and while the policy was in full force,he sustained an injury…
2Cases cited7 opinions
- Missouri Pacific Railroad v. BrazzilTexas Supreme Court · 1888
- Conditt v. HoldenSupreme Court of Arkansas · 1909
- Fitzhugh v. DavisSupreme Court of Arkansas · 1885
- Pekin Cooperage Co. v. GibbsSupreme Court of Arkansas · 1914
- Vittitow v. BurnettSupreme Court of Arkansas · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Henke v. Iowa Home Mutual Casualty CompanySupreme Court of Iowa · 1958
- Herrick v. RobinsonSupreme Court of Arkansas · 1980
- McCormick v. DaggettSupreme Court of Arkansas · 1924
- St. Louis-San Francisco Railway Co. v. CoxSupreme Court of Arkansas · 1926
- Arkansas National Bank v. Cleburne County BankSupreme Court of Arkansas · 1975
8 more not listed; retrieve them via the Exa API.