St. Louis, Iron Mountain & Southern Railway Co. v. Ayres
Supreme Court of Arkansas
Appeal from Scott Circuit Court. Where the question involved is the amount of damage occasioned by a particular act, witnesses, whether expert or not, can not give their opinion, but are confined to the relation of facts; Rogers, Exp. Tes. § 154; 66 Vt. 343; 73 Ga. 705; 47 Ark. 497; 25 Neb. 138-145; 23 Wend. 433; 66 Barb. 604; 43 N. Y. 279; 8 Hun, 358; 71 Ind. 271; 58 Ga. 107; 11 La.
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Appeal from Scott Circuit Court. Where the question involved is the amount of damage occasioned by a particular act, witnesses, whether expert or not, can not give their opinion, but are confined to the relation of facts; Rogers, Exp. Tes. § 154; 66 Vt. 343; 73 Ga. 705; 47 Ark. 497; 25 Neb. 138-145; 23 Wend. 433; 66 Barb. 604; 43 N. Y. 279; 8 Hun, 358; 71 Ind. 271; 58 Ga. 107; 11 La. Ann. 178; 5 Ohio St. 568; 21 Kas. 248; 18 la. 244; 51 Ark. 328; 59 Ark. 110; 21 S. W. 81; 21 S. W. 607; 31 S. W. 412; 67 Tex. 241; 85 Tex. 593; 14 Neb. 463; S. 0. 16 N. W. 747; 17 Wend. 161; 1 Sath. Dam. 94. The…
1Opinion of the CourtHughes, J.
The complaint charged that plaintiff owned certain lands in Sebastian county; that the railroad ran through the same; that on July 27th, and on August 1st and 3d, by reason of the defective construction, handling, managing and operation of an engine, sparks, fire and cinders were thrown upon the said land, setting it afire and causing it to destroy 600 acres of meadow and growing grass, valued at $300; 715 fence posts, valued at $14; 109 cedar posts, valued at $21.80; 18 fence posts, valued at $2.70, and 65 oak trees, valued at $34. Judgment was prayed for $430, with interest. The answer…
2Cases cited8 opinions
- L. R. Junction Ry. v. WoodruffSupreme Court of Arkansas · 1887
- St. Louis, Arkansas & Texas Railroad v. AndersonSupreme Court of Arkansas · 1882
- Railway Co. v. LymanSupreme Court of Arkansas · 1893
- Railway v. CombsSupreme Court of Arkansas · 1888
- Railway Co. v. JonesSupreme Court of Arkansas · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Bush v. TaylorSupreme Court of Arkansas · 1917
- Park v. Northport Smelting & Refining Co.Washington Supreme Court · 1907
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Ry. Co. v. BrooksherSupreme Court of Arkansas · 1908
16 more not listed; retrieve them via the Exa API.