Cotton v. Ingram
Supreme Court of Arkansas
Appeal from Yan Burén Circuit Court; George W. Reed, Judge; 1. Agency can not 'be proved by tbe declarations of tbe alleged agent. 86 Neb. 519, 125 N. W. 1072; 31 Ark. 212; 33 Ark. 251; Id. 316; 44 Ark. 213; 46 Ark. 222. 2. If appellee knew that Martin Cotton-had bad no experience in handling. stallions, be assumed tbe risk of injury to tbe mare. 3. Under tbe testimony, it was purely a question of law whether or not tbe injury was accidental; and if there was any negligence,…
Read the full summary
Appeal from Yan Burén Circuit Court; George W. Reed, Judge; 1. Agency can not 'be proved by tbe declarations of tbe alleged agent. 86 Neb. 519, 125 N. W. 1072; 31 Ark. 212; 33 Ark. 251; Id. 316; 44 Ark. 213; 46 Ark. 222. 2. If appellee knew that Martin Cotton-had bad no experience in handling. stallions, be assumed tbe risk of injury to tbe mare. 3. Under tbe testimony, it was purely a question of law whether or not tbe injury was accidental; and if there was any negligence, appellee’s own testimony-shows that be was tbe negligent party, in allowing tbe mare, which be was bolding, to make tbe…
1Opinion of the Court
McCulloch, C. J.(1). A mare owned by the plaintiff died from injuries received while being served by a stallion, and this is an action against the defendant to recover the value of the mare on the ground that defendant’s servant was negligent in handling the stallion when serving the mare. The plaintiff recovered judgment below and the defendant has appealed. No exceptions were saved to the introduction of testimony nor to the instructions of the court; therefore, the only question presented for review is whether the evidence was sufficient to. sustain the verdict.
Defendant was not the owner…
2Cases cited2 opinions
- Peer v. RyanMichigan Supreme Court · 1884
- Brown v. BrownSupreme Court of Arkansas · 1910
3Cited by5 opinions
- Ezzell v. Oil Associates, Inc.Supreme Court of Arkansas · 1930
- Criner v. StateSupreme Court of Arkansas · 1963
- The National Life Accident Ins. Co. v. BroylesSupreme Court of Arkansas · 1938
- J. S. McWilliams Auto Co. v. GibbonsSupreme Court of Arkansas · 1939
- Stark v. BredahlWisconsin Supreme Court · 1936