Legal Opinion

Little Rock Traction & Electric Co. v. McCaskill

Supreme Court of Arkansas

Decided April 22, 1905PublishedCited by 12 opinions

Appeal from Pulaski Circuit Court. Edward W. WjnEield, Judge. This was an action of tort against a street railway company for negligently severing a line of hose laid across defendant’s track in Tittle Rock, and thereby cutting off in part the supply of water from, a fire which was consuming plaintiff’s furniture in the house which he was occupying, and which could have been saved if the hose had not been severed.

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Appeal from Pulaski Circuit Court. Edward W. WjnEield, Judge. This was an action of tort against a street railway company for negligently severing a line of hose laid across defendant’s track in Tittle Rock, and thereby cutting off in part the supply of water from, a fire which was consuming plaintiff’s furniture in the house which he was occupying, and which could have been saved if the hose had not been severed. The substance of the evidence is stated in the opinion of the court. At the instance of plaintiff, the court instructed the jury as' follows: “1. The jury is instructed that it is…

1Opinion of the CourtHill, C. J.

McCaskill’s house was .burning in the night time, and three streams of water were playing upon it, one from a hose crossing Markham street which lay across the street car track. The hose was four or five inches in diameter, and the street brilliantly illuminated from the burning building which was near by. A car of appellant company ran over the hose, and cut it on each rail. There was no reason why the motorman could not have seen it for a long distance. He denies seeing the hose, but tells of watching the fire as he came near it. McCaskill’s evidence tended to prove that the cessation of…

2Cases cited1 opinion

  1. Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872

3Cited by12 opinions

  1. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911
  2. Gilbert v. New Mexico Const. Co.New Mexico Supreme Court · 1935
  3. Lebanon, Louisville & Lex. Tel. Co. v. Lanham Lumber Co.Court of Appeals of Kentucky · 1909
  4. Volquardsen v. Iowa Telephone Co.Supreme Court of Iowa · 1910
  5. Eclipse Lumber Co. v. DavisSupreme Court of Iowa · 1923

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