St. Louis, Iron Mountain & Southern Railway Co. v. Hall
Supreme Court of Arkansas
Appeal from Pope Circuit Court. William L. Moose, Judge. STATEMENT BY THE COURT. The appellee sued the appellant for $200, the alleged value of grass upon thirty-three acres of land standing thereon, alleged in his' complaint to have been destroyed by fire started by a spark from a defective engine drawing an excursion train, going in an easterly direction over the track of the railway of appellant,.on the 22d day of August, 1899, in the county of Pope in the state ’of…
Read the full summary
Appeal from Pope Circuit Court. William L. Moose, Judge. STATEMENT BY THE COURT. The appellee sued the appellant for $200, the alleged value of grass upon thirty-three acres of land standing thereon, alleged in his' complaint to have been destroyed by fire started by a spark from a defective engine drawing an excursion train, going in an easterly direction over the track of the railway of appellant,.on the 22d day of August, 1899, in the county of Pope in the state ’of Arkansas, The appellant answered the complaint, and specifically denied each allegation in the complaint. The appellee, "W.…
1Opinion of the Court
Hughes, J.,
(after stating the facts). Generally, “a witness-is never permitted to estimate the amount of the damage for the doing or not doing of a particular act which a party has sustained thereby,” This is the province of the jury, and a witness can not be allowed to- usurp it. Little Rock, M. R. & T. Ry. v. Haynes, 47 Ark. 501. The rule generally is that a witness should state facts, and the jury should find from the facts in evidence what the damages are, if any. St. Louis, I. M. & S. Ry. Co. v. Ayres, 67 Ark. 375; Sedgwick, Damages, § 1293; Railway Company v. Jones, 59 Ark. 110; Lawson,…
2Cited by14 opinions
- Burnette v. MorganSupreme Court of Arkansas · 1990
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Missouri Pacific Railroad Co. v. BenhamSupreme Court of Arkansas · 1936
- Bowling v. StoughSupreme Court of Arkansas · 1911
- Carson v. Hercules Powder Co.Supreme Court of Arkansas · 1966
9 more not listed; retrieve them via the Exa API.