Caldwel v. Nichol
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. Under the undisputed evidence the court should have directed a verdict for the appellant.
Read the full summary
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. Under the undisputed evidence the court should have directed a verdict for the appellant. The law holds a livery stable keeper only to the use of ordinary care of the animals placed in his care, and he is liable for injuries to such animals only when such injuries are occasioned by his negligence. 87 Ark. 318-20; 37 S. W. 65. Appellee- not only knew what kind of stall the horse was kept in, but 'he had himself selected it, and had kept it there for two years before appellant leased the stable. 2. The court erred in…
1Opinion of the CourtMcCulloch, C. J.
The defendant, D. A.-Caldwell, is the keeper of a livery stable in the city of Pine Bluff and stabled the plaintiff’s horse for hire. The horse had been kept in the same stable and in the same stall before defendant purchased the stable. Early one morning, before daybreak, the horse was found with a broken leg, and had to be killed, as the veterinarians who were called in decided that the fractured limb could not be ■successfully treated.
The plaintiff sues to recover the value of the horse, alleging that the injury occurred by reason of negligence on the part of defendant in failing to keep…
2Cases cited2 opinions
- Stecher Cooperage Works v. SteadmanSupreme Court of Arkansas · 1906
- Bigger v. AcreeSupreme Court of Arkansas · 1908
3Cited by4 opinions
- Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
- Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
- Webb v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1919
- St. Louis-San Francisco Railway Co. v. VernonSupreme Court of Arkansas · 1924