Helena Gas Co. v. Rogers
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court, Hance N. Hutton, Judge; 1. The peremptory instruction to find for the defendant should have been given. The negligence of appellant, if any, was not the proximate cause of the injury, the fright of the horse being an efficient intervening cause. 87 Ark. 576; 76 Ark. 530; 86 Ark. 289 ; 69 Ark. 402 ; 89 Ark. 59; 53 Mich. 278; 124 Fed. 113; 47 Am.
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Appeal from St. Francis Circuit Court, Hance N. Hutton, Judge; 1. The peremptory instruction to find for the defendant should have been given. The negligence of appellant, if any, was not the proximate cause of the injury, the fright of the horse being an efficient intervening cause. 87 Ark. 576; 76 Ark. 530; 86 Ark. 289 ; 69 Ark. 402 ; 89 Ark. 59; 53 Mich. 278; 124 Fed. 113; 47 Am. Dec. 578. The peremptory instruction should have been given for the further reason that in removing the pole at the request of the city, appellant was acting in the capacity of the servant Of the city merely, and…
1Opinion of the CourtKirby, J.
This is the second appeal of this case, and a statement of it and the opinion on the first appeal will be found in 98 Ark. 413 (Helena Gas Co. v. Rogers).
The case was reversed on the former appeal for the error of giving and refusing instructions requiring a higher degree of care of the gas company in guarding excavations made by it in-the streets of a city to protect the public from injury therefrom than the law warranted, and upon the last trial, upon which the facts were developed substantially as upon the first, the court properly instructed the jury upon the measure of care required by…
2Cases cited17 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- The G. R. BoothSupreme Court of the United States · 1898
- Davis v. RailwaySupreme Court of Arkansas · 1890
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
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3Cited by23 opinions
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- Shannon v. WilsonSupreme Court of Arkansas · 1997
- Oviatt, Administrator v. GarretsonSupreme Court of Arkansas · 1943
- Franco v. BunyardSupreme Court of Arkansas · 1977
- Bill C. Harris Construction Co. v. PowersSupreme Court of Arkansas · 1977
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