Fraser v. Hawkins
Supreme Court of Arkansas
Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; STATEMENT OF FACTS. W. R. Hawkins instituted this suit against Clinton Fraser for the recovery of damages sustained by him in consequence of the killing of two of his mares and a colt .alleged to have been done by the defendant’s stallion.
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Appeal from Poinsett Circuit Court; R. H. Dudley, Judge; STATEMENT OF FACTS. W. R. Hawkins instituted this suit against Clinton Fraser for the recovery of damages sustained by him in consequence of the killing of two of his mares and a colt .alleged to have been done by the defendant’s stallion. The material facts are as follows: Clinton Fraser resided at Jonesboro, Arkansas, during the latter part of 1917, and the first part of 1918. He owned a farm about three and a half miles from Lepanto and rented it out to W. I. Boshears. He also owned a stallion, between two and three years old and…
1Opinion of the Court
HART, J.,
(after stating the facts). The liability of the defendant depends upon the construction to be given to section 7897 of Kirby’s Digest. It reads as follows:
‘‘If any seed horse or any unaltered mule or jack, over the age of two years, be found running at large, the owner shall be fined for the first offense three dollars, and for every subsequent offense not exceeding ten dollars, to be recovered by civil action in the name of any person who shall sue therefor, one-half to his own use and the other to the use of the county; and the owner shall also be liable for all damages that may be…
2Cases cited2 opinions
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- Field v. ViraldoSupreme Court of Arkansas · 1919
- Poole v. GillisonDistrict Court, E.D. Arkansas · 1953
- Lemery v. LeonardOregon Supreme Court · 1921
- Prickett v. FarrellSupreme Court of Arkansas · 1970
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