Osborne v. Hittson
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; The testimony of the three veterinary surgeons shows that it was impossible for the hogs to have 'Contracted the cholera after they left Green Forest, hut that they must have been infected with it at the time they were 'shipped.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; The testimony of the three veterinary surgeons shows that it was impossible for the hogs to have 'Contracted the cholera after they left Green Forest, hut that they must have been infected with it at the time they were 'shipped. This testimony is undisputed, and the jury had no right arbitrarily to disregard it. 57 Ark. 413; 96 Ark. 504. This court will reverse where the verdict is so clearly against the weight of the evidence as to shock 'the sense of justice. 34 Ark. 632; 70 Ark. 384; 10 Ark. 492. The jury were not compelled to accept the…
1Opinion of the CourtHart, J.
W. S.- Hittson and F. M-. Seitz, partners doing business under the firm name of Hittson & Seitz, instituted this 'action against L. M. Osborne, W. O. Osborne and Albert Starratt to recover the price of acarload of hogs which ‘the plaintiffs 'alleged they had sold to the defendants.
The defendants in their answer averred that the contract of sale provided that the hogs should be free from ‘cholera, and that the hogs were infected with cholera when they received them. The jury returned a verdict for the plaintiffs for the price of the hogs, and the defendants have appealed.
' The facts are…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. RamseySupreme Court of Arkansas · 1910
3Cited by1 opinion
- Western Union Telegraph Co. v. BaltzSupreme Court of Arkansas · 1927