Helena Gas Co. v. Rogers
Supreme Court of Arkansas
Appeal from St. Francis Circuit Court; Hance N. Hutton. Judge; STATEMENT BY THE COURT. This is a suit by the administrator for damages for the benefit of the widow and next of kin and the estate of E. M. Burns, deceased, for his wrongful death, caused, at was alleged, by the negligence of the Helena Gas Company.
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Appeal from St. Francis Circuit Court; Hance N. Hutton. Judge; STATEMENT BY THE COURT. This is a suit by the administrator for damages for the benefit of the widow and next of kin and the estate of E. M. Burns, deceased, for his wrongful death, caused, at was alleged, by the negligence of the Helena Gas Company. The negligence complained of was the digging of a post hole 24 inches in diameter and six feet deep, at a point near the northeast corner of Cherry and Perry streets, in the city of Helena, in which to place a pole for the stringing of its wires and the. distribution of electricity in…
1Opinion of the Court
Kirby, J.,
(after stating the facts). I. If is contended that said -instruction No. 4 given to the jury was not a correct statement of the law, in that it made the appellant an insurer of the safety of persons using the streets and sidewalks of the city near the excavation by requiring said company “to keep and maintain it in a proper and safe condition” until it was restored to the condition existing prior to its having been made. The -appellant had the right to make the excavation for the post necessary to be used in the stringing of its wires and distributing the electricity to light the…
2Cases cited3 opinions
- Strange v. Bodcaw Lumber Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. AvenSupreme Court of Arkansas · 1895
- Pugh v. Texarkana Light & Traction Co.Supreme Court of Arkansas · 1908
3Cited by9 opinions
- Missouri Pac. R.R. Co., Thompson v. Gilbert, Adm.Supreme Court of Arkansas · 1944
- Helena Gas Co. v. RogersSupreme Court of Arkansas · 1912
- Beaty v. Buckeye Fabric Finishing Co.District Court, E.D. Arkansas · 1959
- St. Louis, Iron Mountain & Southern Railway Co. v. WirbelSupreme Court of Arkansas · 1912
- Aluminum Company of America v. WaldenSupreme Court of Arkansas · 1959
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