Van Troop v. Dew
Supreme Court of Arkansas
Appeal from Ashley Circuit Court; Turner Butler, Judge; There is no proof of a unity of interest, common design, purpose, or concert of action between the defendants held jointly liable in .this case, and the verdict is contrary to the law and the evidence.
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Appeal from Ashley Circuit Court; Turner Butler, Judge; There is no proof of a unity of interest, common design, purpose, or concert of action between the defendants held jointly liable in .this case, and the verdict is contrary to the law and the evidence. The instructions were conflicting, those given on behalf of plaintiffs holding that the defendants were liable jointly, and those given for defendants holding that each defendant was liable only for damages occurring from gaps which he individually made in the fences. The plaintiffs’ instructions took the question of individual liability…
1Opinion of the CourtMcCulloch, C. J.
W. E. Dew, one of the appellees, held a lease for the year 1920 and other years on a farm in Ashley. County through which the Wilmot Eoad Improvement District constructed a public road. The other appellees were his sub-tenants, all of whom separately cultivated and produced crops of corn and cotton. There were about 300 acres in cultivation on the farm, enclosed by a 4-wire fence around the- entire premises, there being no intersecting or cross fences. The construction of the road was begun in October of that year, and it occupied a right-of-way 60 feet wide through this farm. The Oliver…
2Cases cited3 opinions
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Day v. Louisville Coal & Coke Co.West Virginia Supreme Court · 1906
- Mahoney v. RobertsSupreme Court of Arkansas · 1908
3Cited by11 opinions
- Hall v. EI Du Pont De Nemours & Co., Inc.District Court, E.D. New York · 1972
- McGraw v. WeeksSupreme Court of Arkansas · 1996
- Corn v. Farmers Insurance Co.Supreme Court of Arkansas · 2013
- Harrelson v. Missouri Pacific Transp. Co.Court of Appeals for the Eighth Circuit · 1936
- Ervin v. Texas Co.Court of Appeals for the Eighth Circuit · 1938
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