Commonwealth Public Service Co. v. Lindsay
Supreme Court of Arkansas
Appeal from Polk Circuit Court; J. 8. Lake, Judge; STATEMENT oe facts. Emmett Lindsay by Mary Burk, his mother and next friend, brought this action against the Commonwealth Public Service Company to recover damages for an injury sustained by him in coming in contact with a live electric wire which he alleges the defendant negligently allowed to fall down on the sidewalk in the city of Mena.
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Appeal from Polk Circuit Court; J. 8. Lake, Judge; STATEMENT oe facts. Emmett Lindsay by Mary Burk, his mother and next friend, brought this action against the Commonwealth Public Service Company to recover damages for an injury sustained by him in coming in contact with a live electric wire which he alleges the defendant negligently allowed to fall down on the sidewalk in the city of Mena. The defendant company denied negligence on its part and pleaded contributory negligence on the part of Emmet Lindsay. The material facts as shown by the plaintiff are as follows: The defendant operated an…
1Opinion of the Court
HART, J.,
(after stating the facts). 1. It is earnestly insisted by counsel for the defendant that the court erred in not directing a verdict for the defendant because it was not shown that the defendant was guilty of negligence and because the undisputed facts show that the plaintiff was guilty of contributory negligence. The circumstances surrounding the injury were proved by the plaintiff. It was shown by the plaintiff that his injury resulted from contact with a live electric wire of the defendant which had fallen down at the edge of the sidewalk of one of the principal streets of the city…
2Cases cited2 opinions
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
3Cited by15 opinions
- Jordan v. StateSupreme Court of Arkansas · 1996
- Drury v. Armour & Co.Supreme Court of Arkansas · 1919
- Stacks v. MarksSupreme Court of Arkansas · 2003
- Burks Motors, Inc. v. International Harvester Co.Supreme Court of Arkansas · 1971
- Williams v. City of FayettevilleSupreme Court of Arkansas · 2002
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