Doniphan Lumber Co. v. Henderson
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is the second hearing of this case on appeal. The first appeal was from the judgment sustaining a general demurrer to the complaint, and is reported in 94 Ark. 370 (Henderson v. Doniphan Lbr. Co.). The suit was brought by the administratrix for damages for the wrongful death of her husband and ^intestate, alleged to have been caused by the negligence of the lumber company.
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Appeal from Cleburne Circuit Court; Brice B. Hudgins, Judge; STATEMENT BY THE COURT. This is the second hearing of this case on appeal. The first appeal was from the judgment sustaining a general demurrer to the complaint, and is reported in 94 Ark. 370 (Henderson v. Doniphan Lbr. Co.). The suit was brought by the administratrix for damages for the wrongful death of her husband and ^intestate, alleged to have been caused by the negligence of the lumber company. The negligence complained of was that the lumber company cut and put into Little Red River loose saw logs, and negligently allowed…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the court should have directed a verdict for the appellant, because it was not shown to have been guilty of any negligence in the use of the river in floating its timber. On the former appeal, we said:
“The Little Red River is a navigable stream, used mainly for floating logs. Defendant (appellant now) and others have the right to use it for that purpose, even without rafting the logs; but in doing so they must exercise ordinary care to avoid injuring others who rightfully use the river for the purposes of navigation. Those who use the…
2Cases cited3 opinions
- Richmond & Danville Railroad v. PowersSupreme Court of the United States · 1893
- Pulaski Gas Light Co. v. McClintockSupreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
3Cited by4 opinions
- Bush v. JenkinsSupreme Court of Arkansas · 1917
- Missouri Pacific Railroad v. CareySupreme Court of Arkansas · 1919
- United States Borax & Chemical Co. v. Blackhawk Warehousing & Leasing Co.Supreme Court of Arkansas · 1979
- Hopson Produce v. MunozSupreme Court of Arkansas · 1959