Frauenthal v. Morton
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; 1. A verdict should have been directed for defendant. In the absence of statute the general rule is that the owner or occupier of land is under no legal obligation to take special care or pains to the end of keeping it safe for the protection of the animals of others which are allowed to run at large. 57 Ark. 17; 94 Id. 458; 116 Id. 163; 117 Id. 1. Under the proof in this case defendant was not liable and the evidence…
Read the full summary
Appeal from Cleburne Circuit Court; J. M. Shinn, Judge; 1. A verdict should have been directed for defendant. In the absence of statute the general rule is that the owner or occupier of land is under no legal obligation to take special care or pains to the end of keeping it safe for the protection of the animals of others which are allowed to run at large. 57 Ark. 17; 94 Id. 458; 116 Id. 163; 117 Id. 1. Under the proof in this case defendant was not liable and the evidence does not sustain the verdict. 56 Atl. 498, 500; 48 So. Rep. 357-8; 3 Words and Phrases, p. 60; 226 S. W. 1058. Under the…
1Opinion of the Court
McCulloch, O. J.
Appellant, who was the defendant below, owns by inheritance from his father an unenclosed vacant lot in the town of Heber Springs on which is situated an exposed and uncovered well, according to the testimony, into which appellee’s horse fell and was drowned. This is an action to recover double the value of the horse, under the statute which reads as follows: -
“It shall be unlawful for any corporation, company, individual person, or association of persons to leave any shaft, well, or other opening uncovered on any unenclosed land. Every corporation, company, individual person,…
2Cases cited2 opinions
- Hallum v. DickinsonSupreme Court of Arkansas · 1886
- American Building & Loan Ass'n v. StateSupreme Court of Arkansas · 1921
3Cited by1 opinion
- New England Tree Expert Co. v. United Electric Railways Co.Superior Court of Rhode Island · 1932