Nebraska Underwriters' Insurance v. Fouke
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. When a thing which has caused an injury is shown to have been under the management or control of the defendant, and the accident is such as in the ordinary course does not happen if proper care is used, the accident itself affords reasonable evidence, if unexplained, that it arose from want of .proper care. Shearman & Redfield, Neg. § § 59, 60; Thompson, Neg. § § 15, 77° > 21 Am. & Eng.
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; 1. When a thing which has caused an injury is shown to have been under the management or control of the defendant, and the accident is such as in the ordinary course does not happen if proper care is used, the accident itself affords reasonable evidence, if unexplained, that it arose from want of .proper care. Shearman & Redfield, Neg. § § 59, 60; Thompson, Neg. § § 15, 77° > 21 Am. & Eng. Enc. of E. 2d Ed. 512. Proof of the accident and that its occurrence was out of the ordinary course makes a prima facie case of negligence, and the…
1Opinion of the CourtMcCulloch, C. J.
W. C. Josey, one of the plaintiffs in this action, occupied as his dwelling place a house in the city of Texarkana, Arkansas, owned by one Hill, and held a policy of fire insurance on his household goods issued to him by his co-plaintiff, the Nebraska Underwriters Insurance Company. The goods were destroyed by fire, alleged to have been negligently set out by an employee of the defendants, who are painters, and were engaged in repainting the house. The insurance company paid Josey the amount of his loss on account of the fire, and took an assignment of his claim against defendants by reason…
2Cases cited1 opinion
- St. Louis & San Francisco Railroad Co. v. CrabtreeSupreme Court of Arkansas · 1901
3Cited by9 opinions
- Beevers v. MillerSupreme Court of Arkansas · 1967
- John Rooff & Sons, Inc. v. WinterbottomSupreme Court of Iowa · 1957
- McLaughlin v. St. Louis Southwestern Ry. Co.Court of Appeals for the Eighth Circuit · 1916
- Ohio Handle & Manufacturing Co. v. JonesSupreme Court of Arkansas · 1911
- T. & C. Insurance v. FoukeSupreme Court of Arkansas · 1910
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