Chicago Mill & Lumber Co. v. Bryeans
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; The evidence here is materially different from that on the first appeal. 132 Ark. 282. In the present case there is no evidence to support the verdict. No liability of defendant is proven because (1) Bryeans started the difficulty.
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Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; The evidence here is materially different from that on the first appeal. 132 Ark. 282. In the present case there is no evidence to support the verdict. No liability of defendant is proven because (1) Bryeans started the difficulty. (2) If Breysacher started it, it was about a past offense and Bryeans was not acting within the scope of his authority, or (3) regardless of who started it, and took a “personal turn,” the killing was prompted by the resentment of Breysacher and was terminated by the master and afterwards renewed by and…
1Opinion of the CourtHumphreys, J.
This cause was here on appeal under the style of Bryeans, Admx. v Chicago Mill & Lumber Co., and was reversed and remanded for a new trial on January 21, 1918. The case is reported in 132 Ark at page 282. Upon remand the case was submitted to a jury upon the pleadings, evidence adduced and instructions of the court. The jury returned a verdict against appellant for $9,000 compensatory damages, with interest, and $3,000 punitive damages, with interest at the rate of six per cent, per annum from April 4,1915. A judgment was rendered in accordance with the verdict, except as to interest on the…
2Cases cited5 opinions
- Vogel v. Little RockSupreme Court of Arkansas · 1892
- Perry v. Little Rock & Fort Smith Railway Co.Supreme Court of Arkansas · 1884
- Ward v. BlackwoodSupreme Court of Arkansas · 1883
- Cooper v. DembySupreme Court of Arkansas · 1916
- Le Laurin v. MurraySupreme Court of Arkansas · 1905
3Cited by7 opinions
- Lundell v. WalkerSupreme Court of Arkansas · 1942
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Keller v. WhiteSupreme Court of Arkansas · 1927
- Fields v. HuffDistrict Court, E.D. Arkansas · 1981
- Vickery v. BallentineSupreme Court of Arkansas · 1987
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