Johnson v. Stewart
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Wiebur F. Hire, Special Judge. Action by Stewart, Kelly &, Co. against Johnson and Pordyce, receivers of the City Electric Street Railway Company, to recover damages for a horse killed by one of defendant’s electric cars. Prom a judgment for plaintiffs, defendants appeal. The facts are stated in the opinion.
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Appeal from Pulaski Circuit Court. Wiebur F. Hire, Special Judge. Action by Stewart, Kelly &, Co. against Johnson and Pordyce, receivers of the City Electric Street Railway Company, to recover damages for a horse killed by one of defendant’s electric cars. Prom a judgment for plaintiffs, defendants appeal. The facts are stated in the opinion. The court erred in its modification of the instructions, particularly of No. 3. 36 Ark. 377. See also 36 Ark. 41; 26 id. 3; 46 id. 399; id. 522; 48 id. 124; 60 N. W. 503-4. The modification made by the court practically abolishes the whole doctrine of…
1Opinion of the CourtWood, J.
This is an appeal from a judgment for damages against the appellants as receivers of the City Electric Street Railway Company, for the negligent “running down” of a team in the city of Little Rock. The defense was the contributory negligence of appellees in allowing the team to be loose upon the streets. The proof upon this point was detailed by a witness as follows: “It was the custom to tie the horse to the dash-board of the wagon to which he was harnessed, by tightening the reins until the traces were slack, and the horse could not move forward without pulling the wagon by his mouth. On…
2Cases cited15 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Morris v. C., B. & Q. R. Co.Supreme Court of Iowa · 1876
- Keefe v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1894
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Bain v. Fort Smith Light & Traction Co.Supreme Court of Arkansas · 1915
- Curtis v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1910
- Hot Springs Street Railway Co. v. JohnsonSupreme Court of Arkansas · 1897
- St. Louis Southwestern Railway Co. v. CochranSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. ThompsonSupreme Court of Arkansas · 1909
11 more not listed; retrieve them via the Exa API.