Legal Opinion

Hixson v. Cook

Supreme Court of Arkansas

Decided October 1, 1917PublishedCited by 2 opinions

Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The court erred in its instructions to the jury. None of the meat was lost or thrown away, but was all sold and the purchasers were .satisfied. Plaintiff sustained no loss nor injury. The verdict is against the evidence. There is no evidence that defendant knew or had reasonable grounds to believe the hog was diseased.

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Appeal from Logan Circuit Court, Northern District; James Cochran, Judge; 1. The court erred in its instructions to the jury. None of the meat was lost or thrown away, but was all sold and the purchasers were .satisfied. Plaintiff sustained no loss nor injury. The verdict is against the evidence. There is no evidence that defendant knew or had reasonable grounds to believe the hog was diseased. There is an entire failure of proof. 68 S. W. 277; 111 N. E. 785; 100 Id. 1078; 8 S. W. 667; Kirby’s Digest § 1701. 2. The definition of diseased given by the court is not correct. 68 S. W. 277; 113 N.…

1Opinion of the CourtSmith, J.

Appellee ran a butcher shop in the town of Paris, and on November 11,1916, bought from appellant a hog, to be butchered and sold to his customers. He now says that the hog was sick and diseased, and that he bought it without knowledge of that fact, and sold the meat to his customers, and that he learned its condition only when some of his customers, who had been made sick, complained to him about the meat. He sued for damages, both compensatory and punitive, and recovered compensatory damages in the sum of $23, which was the amount paid for the hog, and punitive damages in the sum of $100.

Ther…

2Cases cited1 opinion

  1. Jones v. SeymourSupreme Court of Arkansas · 1910

3Cited by2 opinions

  1. VanHoozer v. ButlerSupreme Court of Arkansas · 1917
  2. Reed v. Rea-Patterson Milling Co.Supreme Court of Arkansas · 1932

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