Strange v. Bodcaw Lumber Co.
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Charles W. Smith,. Judge; STATEMENT BY THE COURT. The facts in this case'are stated in the opinion.
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Appeal from Lafayette Circuit Court; Charles W. Smith,. Judge; STATEMENT BY THE COURT. The facts in this case'are stated in the opinion. On the trial the circuit judge gave among other instructions the following over the objection of the plaintiff, and to the giving of each of which the plaintiff duly saved exceptions at the time: “5. The jury are instructed that, though they should believe from a preponderance of the evidence that there were defects in' said roadway, and that the alleged accident was rendered possible thereby, yet, if they believe that- the proximate cause of said accident…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action by E. A. Strange against the Bodcaw Lumber Company to recover $100 of the company as damages for causing the death of plaintiff’s horse.
The company owns a sawmill plant near the town of Stamps in Lafayette County of this State. The town was west of the mill plant, and a public road (that entered the town from the east passed not far from the mill and crossed a small stream called Crooked Creek before reaching the town. In 1893 the lumber company made a large pond by constructing a dam across the valley of this creek. The public road…
2Cases cited2 opinions
- Beck v. . CarterNew York Court of Appeals · 1877
- St. Louis, Iron Mountain & Southern Railway Co. v. AvenSupreme Court of Arkansas · 1895
3Cited by17 opinions
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- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
- Norfolk & Western Railway Co. v. JamesSupreme Court of Virginia · 1927
- St. Louis Southwestern Railway Co. v. KendallSupreme Court of Arkansas · 1914
- Columbia & Big Bigby Turnpike Co. v. EnglishTennessee Supreme Court · 1917
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