Abbott v. Vanmeter
Supreme Court of Arkansas
Appeal from Clark Circuit Court; George B. Haynie, Judge; 1. Appellant owed no duty to make and keep his premises safe from plaintiff’s trespassing cattle and the court erred in giving the first instruction on its own motion.
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Appeal from Clark Circuit Court; George B. Haynie, Judge; 1. Appellant owed no duty to make and keep his premises safe from plaintiff’s trespassing cattle and the court erred in giving the first instruction on its own motion. It is misleading and prejudicial. 2. The court erred in giving plaintiff’s seventh instruction. 3. The court erred in refusing defendant’s first request for a peremptory instruction, and in striking from his second request the last hlackfaced clause. 93 Ark. 141-151; 93 Id. 564, 573; 76 Id. 69; 94 Id. 282, 293. The law is correctly stated in appellant’s second request.…
1Opinion of the CourtMcCulloch, C. J.
Appellant is a farmer in Clark County, and in the spring of the year 1919 planted corn in a new-ground formerly used as an enclosed pasture. There was standing timber which interfered with the growth of the crop of corn, and in April appellant' was engaged in deadening this timber by using a chemical solution commonly called “tree-killer.” It is not shown by evidence what particular chemicals were embraced in the compound, further than that it contained substances which were destructive to live trees.
There is a conflict in the testimony as to whether or not the fence enclosing this particular…
2Cases cited11 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Brown v. FaganSupreme Court of Missouri · 1880
- Morrison v. . Cornelius and OthersSupreme Court of North Carolina · 1869
- Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1901
- St. Louis & San Francisco Railroad v. WilliamsSupreme Court of Arkansas · 1911
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3Cited by3 opinions
- La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
- La Plant v. EI Du Pont De Nemours and CompanyMissouri Court of Appeals · 1961
- St. Louis-San Francisco Railway Co. v. FletcherSupreme Court of Arkansas · 1923