Beal-Doyle Dry Goods Co. v. Carr
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdzvard W. Winfield. Judge; x. This is a case where the practically undisputed testimony of the appellee with reference to the accident would justify the court in declaring as a matter of law that he was guilty of contributory negligence.
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Appeal from Pulaski Circuit Court; Bdzvard W. Winfield. Judge; x. This is a case where the practically undisputed testimony of the appellee with reference to the accident would justify the court in declaring as a matter of law that he was guilty of contributory negligence. The fifth instruction requested by appellant should have been given. 61 Ark. 549; 63 Ark. 426; 76 Ark. 136; Id. 224; Thompson on Negligence, § § 369-428-432; 77 Pac. 397; 54 N. E. 259; 65 Ark. 235. 2. Statements made by Mansel Baugh to his father and another were part of the res gestae, and appellant should have been…
1Opinion of the CourtMcCuuuoch, J.
Appellant corporation is engaged in the wholesale dry goods business in the city of Little Rock, and occupies, as its place of business, a three-story building wherein it maintains an elevator for the carriage of passengers from floor to floor. Appellee was injured by falling down the elevator shaft, and sues to recover the damages sustained, alleging negligence of a servant of appellant in allowing the door of the elevator to stand open when the car was not in place to receive passengers. The jury awarded damages, and an appeal has been prosecuted from the judgment.
Appellee went into the…
2Cases cited12 opinions
- Colorado Mortgage & Investment Co. v. ReesSupreme Court of Colorado · 1895
- L. R., M. R. & T. Ry. Co. v. LeverettSupreme Court of Arkansas · 1886
- Abbett v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1883
- Hopkinson v. Knapp & Spalding Co.Supreme Court of Iowa · 1894
- Kenney v. PhillipyIndiana Supreme Court · 1883
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3Cited by17 opinions
- State v. BreyerIdaho Supreme Court · 1925
- Rogers v. StateSupreme Court of Arkansas · 1908
- Armour Company v. RoseSupreme Court of Arkansas · 1931
- River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
- Schwam v. ReeceSupreme Court of Arkansas · 1948
12 more not listed; retrieve them via the Exa API.