Pulaski Gas Light Co. v. McClintock
Supreme Court of Arkansas
Appeal from Pulaski Circnit Court; P. Guy Pulk, Judge; 1. McClintock’s own act in disconnecting the riser made him responsible for the injury, and he was guilty of contributory negligence which was the proximate cause of the injury.
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Appeal from Pulaski Circnit Court; P. Guy Pulk, Judge; 1. McClintock’s own act in disconnecting the riser made him responsible for the injury, and he was guilty of contributory negligence which was the proximate cause of the injury. When an independent act of a responsible person intervenes between defendant’s negligence, if any, and the injury sustained, suoh act breaks the causal connection between negligence and damages, and he who is guilty of the original negligence is not chargeable. 66 Ark. 68, 71-2; 49 Am. St. 199; 27 Id. 753; 23 Id. 220; 117 Mass, 533; 24 R. I. 292; 96 Am. St. 713;…
1Opinion of the CourtKirby, J.
This was an action by appellee for damages for the wrongful death of James MeClintock, alleged to have been caused by the negligence of appellant. The complaint states “that plaintiff’s intestate, James MeClintock, for several years prior to and until the 17th day of March, 1909, resided in a house and lot on West Seventeenth Street, which had been his property and his residence continuously; that on the 17th day of March, 1909, plaintiff’s intestate was engaged in some work on his premises under his residence, and was suffocated and' died because of the escape of illuminating gas from the…
2Cases cited12 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Waters-Pierce Oil Co. v. DeselmsSupreme Court of the United States · 1909
- The G. R. BoothSupreme Court of the United States · 1898
- Baltimore & Ohio Southwestern Railroad v. SlaughterIndiana Supreme Court · 1906
- Railway Co. v. SweetSupreme Court of Arkansas · 1895
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3Cited by34 opinions
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- Salt River Valley Water Users' Ass'n v. BerryArizona Supreme Court · 1926
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