City Electric Street Railway Co. v. Conery
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. 1. He who seeks recovery for an injury caused by the alleged negligence of defendant must prove, not only that he has suffered loss by defendant’s act or omission, but also that the act or omission was a violation of a duty required of him. 36 Ark. 607. There is no proof that White’s wire touched the wire of the street railway company at all, or that a current was communicated to it from the company’s wire.
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Appeal from Pulaski Circuit Court. Robert J. Dea, Judge. 1. He who seeks recovery for an injury caused by the alleged negligence of defendant must prove, not only that he has suffered loss by defendant’s act or omission, but also that the act or omission was a violation of a duty required of him. 36 Ark. 607. There is no proof that White’s wire touched the wire of the street railway company at all, or that a current was communicated to it from the company’s wire. But, if injured by a current from the company’s wire, no negligence was proved. An electric railway is not bound, in the absence of…
1Opinion of the CourtBatteE, J.
The City Electric Street Railway Company is a corporation, and operates a street railway in the city of Little Rock, in this state, by means of electricity. Its railway traverses an extensive territory, and extends through many streets. One of the appliances used in its operation is a trolley wire, suspended by means of poles and charged with strong currents of electricity. A part of the railway was constructed in Fourth street. Above it were suspended the trolley wires. Intersecting Fourth street at right angles is Cross street, funning north and south, while Fourth runs east and west. At…
2Cases cited5 opinions
- Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
- Block v. Milwaukee Street Railway Co.Wisconsin Supreme Court · 1895
- Uggla v. West End Street Railway Co.Massachusetts Supreme Judicial Court · 1894
- Texarkana Gas & Electric Light Co. v. OrrSupreme Court of Arkansas · 1894
- Electric Railway Co. v. SheltonTennessee Supreme Court · 1890
3Cited by42 opinions
- Perham v. Portland Electric Co.Oregon Supreme Court · 1898
- Martin v. Des Moines Edison Light Co.Supreme Court of Iowa · 1906
- Mize v. Rocky Mountain Bell Telephone Co.Montana Supreme Court · 1909
- Bourke v. Butte Electric & Power Co.Montana Supreme Court · 1905
- Knowlton v. Des Moines Edison Light Co.Supreme Court of Iowa · 1902
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