Dickie v. Henderson
Supreme Court of Arkansas
Appeal from Bonoke Circuit Court; Eugene Lankford, Judge; A livery stable keeper is not an insurer of the suitableness of a horse let to a customer. 73 Atl. 324. He is liable for damages only when he knows or should have known of the viciousness of the horse. 73 Atl. 324; Van Zile on Bail. § 125. The verdict is excessive. 87 Ark. 113; 82 Ark. 61. A new trial should have been granted. 66 Ark. 612; 21 Ark. 232. An allegation not denied must be taken as true. 13 Barb. 103. A…
Read the full summary
Appeal from Bonoke Circuit Court; Eugene Lankford, Judge; A livery stable keeper is not an insurer of the suitableness of a horse let to a customer. 73 Atl. 324. He is liable for damages only when he knows or should have known of the viciousness of the horse. 73 Atl. 324; Van Zile on Bail. § 125. The verdict is excessive. 87 Ark. 113; 82 Ark. 61. A new trial should have been granted. 66 Ark. 612; 21 Ark. 232. An allegation not denied must be taken as true. 13 Barb. 103. A motion for new trial based on newly discovered evidence must be construed with great strictness. 26 Tex. 217; 40 S. W.…
1Opinion of the CourtMcCulloch, C. J.
Appellants, Dickie & Goelzer, are liverymen in the town of England, Lonoke County. Appellee Henderson sued them to recover damages for alleged negligence in hiring to him for use a vicious or unbroken horse. He recovered judgment below for damages in the sum of $1,500, and a reversal of the case is sought on the ground that the evidence is not sufficient to sustain the verdict.
There is ample evidence to justify a finding that the horse that appellants hired to appellee ran away with him and injured him; but it is insisted that there is no evidence tending to show that appellants knew of the…
2Cited by4 opinions
- Vaningan v. MuellerWisconsin Supreme Court · 1932
- Reeves v. John A. Cooper Co.District Court, W.D. Arkansas · 1969
- Beatty v. PilcherSupreme Court of Arkansas · 1950
- Fair Store No. 32 v. Hadley Milling Co.Supreme Court of Arkansas · 1921