Bigger v. Acree
Supreme Court of Arkansas
Appeal from Randolph Circuit Court; John W. Meeks, Judge; A livery stable keeper is not an insurer of the property placed in his charge, but is held only to that degree of care for its safety which á person of' ordinary prudence would exercise under the circumstances if it were his own. 72 Ark. 572. He is 110't liable for injury to the property unless that injury results from his own negligence. There is no proof of negligence here.
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Appeal from Randolph Circuit Court; John W. Meeks, Judge; A livery stable keeper is not an insurer of the property placed in his charge, but is held only to that degree of care for its safety which á person of' ordinary prudence would exercise under the circumstances if it were his own. 72 Ark. 572. He is 110't liable for injury to the property unless that injury results from his own negligence. There is no proof of negligence here. If he were negligent, he would nevertheless not be liable for the death of the animal unless it be shown that the negligence was the proximate cause of the death.…
1Opinion of the Court
Hir®, C. J.
Aeree ran a hack between Maynard and Pocahontas, arriving each day at Pocahontas about eleven o’clock in the forenoon and departing at about one o’clock in the afternoon. He had two teams and alternated in the use of the same, leaving one in the livery stable of Bigger at Pocahontas while he was using the other. Pittman was hostler for Bigger, and was m charge of the stable. When Aeree came in each day, he tied the horses in the stalls himself or Pittman did so. At the time in question, Aeree brought in his team and tied them in their stalls himself. In the afternoon of that day,…
2Cases cited4 opinions
- Hunter v. Ricke Bros.Supreme Court of Iowa · 1905
- Adams v. CostCourt of Appeals of Maryland · 1884
- Weick v. DoughertyCourt of Appeals of Kentucky · 1906
- Swann v. . BrownSupreme Court of North Carolina · 1858
3Cited by2 opinions
- Miller v. DyerSupreme Court of Arkansas · 1968
- Caldwel v. NicholSupreme Court of Arkansas · 1911