Armour & Co. v. Drury
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson. Judge; 1. This case was reviewed here in 140 Ark. 371. On second trial the evidence was substantially the same.
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Appeal from White Circuit Court; J. M. Jackson. Judge; 1. This case was reviewed here in 140 Ark. 371. On second trial the evidence was substantially the same. This case is governed by the simple rules of negligence, and it was incumbent on plaintiff to show that defendant failed to exercise ordinary care; that, while the jury might, from the plaintiff’s evidence, infer negligence, yet such inference could only carry the case to the jury in the absence of any evidence tending to show due care on the part of the defendant. It was error to refuse to direct a verdict under the former decision.…
1Opinion of the CourtMcCulloch, C. J.
Appellee sued appellant to recover damages caused by alleged negligence of appellant in manufacturing and selling impure sausage which, when eaten, caused the death of appellee’s wife. On a former trial of the case the trial court gave a peremptory instruction in favor of appellant, but this court held that it was error to give the instruction and reversed the judgment and remanded the cause for a new trial. 140 Ark. 371. The history of the case and the testimony adduced by appellee in support of his cause of action were set forth in the opinion of this court and need not be repeated. The…
2Cases cited1 opinion
- Drury v. Armour & Co.Supreme Court of Arkansas · 1919
3Cited by4 opinions
- Great Atlantic & Pacific Tea Co. v. GwilliamsSupreme Court of Arkansas · 1934
- Texas Coca-Cola Bottling Co. v. KubenaCourt of Appeals of Texas · 1936
- Pierce Oil Corp. v. TaylorSupreme Court of Arkansas · 1921
- Swift Co. v. Mabry, Admr.Supreme Court of Arkansas · 1942