Tindall v. Layne
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court, Southern District; Thomas G. Trimble, Judge; 1. Direct testimony of a party that he is a citizen of a certain locality is competent. 25 A. C. A. 600. But such testimony, if given by a third person, is incompetent as calling for a conclusion on the part of the witnesses.
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Appeal from Arkansas Circuit Court, Southern District; Thomas G. Trimble, Judge; 1. Direct testimony of a party that he is a citizen of a certain locality is competent. 25 A. C. A. 600. But such testimony, if given by a third person, is incompetent as calling for a conclusion on the part of the witnesses. Defendant’s motion to dismiss should have been granted (Act No. 63, Acts 1913), or the case at least transferred to the proper district. 2. There is no proof to support the verdict. The proper rule for the recovery of damages is laid down in 19 L. R. A. (N. S.) 958 and 6 A. & E. Ann. Cases…
1Opinion of the Court
McCULLOCH, C. J.'
Appellee sued appellant in the circuit court of the Southern District of Arkansas County to recover damages sustained by reason of an alleged breach of contract between the parties whereby appellant undertook to furnish water for appellee’s rice crop during the year 1917. Appellee was engaged in growing rice and put in a crop of about thirty-eight acres, and, according to the allegations of the complaint, appellant orally agreed for a consideration to furnish water to flood the crop, and neglected to do so, thereby causing the crop to faiL Damages were laid in the complaint…
2Cases cited2 opinions
- Spratley v. Louisiana & Arkansas Railway Co.Supreme Court of Arkansas · 1906
- Chicago, Rock Island & Pacific Railway Co. v. JaberSupreme Court of Arkansas · 1908
3Cited by5 opinions
- State v. RobinsonSupreme Court of Missouri · 1945
- Robinson v. BossingerSupreme Court of Arkansas · 1938
- Fidelity Mutual Life Insurance v. PriceSupreme Court of Arkansas · 1929
- Buschow Lumber Co. v. EllisSupreme Court of Arkansas · 1937
- Barry v. ArmstrongSupreme Court of Arkansas · 1923