Legal Opinion

Pfeifer Stone Co. v. Shirley

Supreme Court of Arkansas

Decided July 10, 1916PublishedCited by 6 opinions

Appeal from Independence Circuit Court; D. H. Coleman, Judge; 1. The statements of Brickie made after the accident, and the court’s statement in the hearing of the jury that defendant would be bound by such statements were highly improper, incompetent and prejudicial. 82 Ark 432 440; 176 Id. 430, 434; 99 Id. 558; 105 Id. 247; 58 Id. 168; 66 Id. 494; 78 Id. 381; 100 Id. 269; 97 Id. 422. 2. The court erred in permitting G. W. Brewer, a non-expert, to testify that he examined…

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Appeal from Independence Circuit Court; D. H. Coleman, Judge; 1. The statements of Brickie made after the accident, and the court’s statement in the hearing of the jury that defendant would be bound by such statements were highly improper, incompetent and prejudicial. 82 Ark 432 440; 176 Id. 430, 434; 99 Id. 558; 105 Id. 247; 58 Id. 168; 66 Id. 494; 78 Id. 381; 100 Id. 269; 97 Id. 422. 2. The court erred in permitting G. W. Brewer, a non-expert, to testify that he examined plaintiff for appendicitis and told him it was not that disease. 5 Enc. of Ev., p. 530, note 47; 57 Ark. 387; 23 Id. 215.…

1Opinion of the CourtSmith, J.

Appellee recovered judgment for damages to compensate an injury sustained by him as a result of the negligence of one Joe Brickie, a fellow servant. In support of his cause of action appellee testified that' he and Brickie were engaged in carrying out of the blacksmith shop of the appellant company for which they were working, a heavy iron shafting, which was shown to be of as great weight as they were able to carry, when Brickie dropped his end of the shafting and thereby inflicted upon appellee the injuries to compensate which he sues.(1) Over appellant’s objection appellee was permitted to…

2Cases cited4 opinions

  1. Railway Co. v. LymanSupreme Court of Arkansas · 1893
  2. Arkansas Southwestern Railroad v. WingfieldSupreme Court of Arkansas · 1910
  3. River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
  4. Railway Co. v. BruceSupreme Court of Arkansas · 1891

3Cited by6 opinions

  1. North American Accident Insurance v. Caskey's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1927
  2. Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
  3. Casteel v. Yantis-Harper Tire CompanySupreme Court of Arkansas · 1931
  4. Jewel Tea Company, Inc. v. McCrarySupreme Court of Arkansas · 1938
  5. Lassiter v. StateSupreme Court of Arkansas · 1919

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