Chicago, Rock Island & Pacific Ry. Co. v. Burkholder
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The verdict is excessive. No §ale was provento Bonura & Co. The actual loss was only $5.20. 2. The so-called ‘‘account sales” was not admissible as evidence. 1 Elliott on Evidence, § 458; 83 Ark. 331; 72 Id. 314; 105 Id. 130; 89 Id. 591; 103 Id. 528. 1. The verdict is not excessive.
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Appeal from Logan Circuit Court, Southern District; James Cochran, Judge; 1. The verdict is excessive. No §ale was provento Bonura & Co. The actual loss was only $5.20. 2. The so-called ‘‘account sales” was not admissible as evidence. 1 Elliott on Evidence, § 458; 83 Ark. 331; 72 Id. 314; 105 Id. 130; 89 Id. 591; 103 Id. 528. 1. The verdict is not excessive. The sale and loss were proven. 120 Ark. 119. Notice of the damage was given. 120 Ark. 119; 91 Id. 412; 98 Id. 353. 2. The account of sales was properly ^¿knitted.' 113 Ark. 417; 115 Id. 538. The only question here is one of fact, and the…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The court did not err in refusing appellant’s prayer for a peremptory instruction. The undisputed evidence shows that the sale of the garlic was made at the stipulated price of $200; that same was shipped in good condition over the appellant’s railway, and that when it arrived at New Orleans it was in a damaged condition, and that on account of such condition the vendee refused to accept and pay for the same.
The above testimony was sufficient to warrant the court in submitting to the jury the issue as to whether of not the appellees were entitled to…
2Cases cited7 opinions
- Meisenheimer v. StateSupreme Court of Arkansas · 1904
- Dunnington v. Frick Co.Supreme Court of Arkansas · 1895
- American Insurance v. HaynieSupreme Court of Arkansas · 1909
- Missouri & North Arkansas Railroad v. BrattonSupreme Court of Arkansas · 1908
- Plumlee v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1898
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3Cited by2 opinions
- Missouri Pacific Railroad v. BellSupreme Court of Arkansas · 1924
- National Beef Packing Co. v. Missouri Pacific RailroadMissouri Court of Appeals · 1972