Durfee v. Dorr
Supreme Court of Arkansas
Appeal from Independence Circnit Court; Dene H. Golemcm, Judge; 1. There was error refusing and modifying the instructions asked by plaintiff.
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Appeal from Independence Circnit Court; Dene H. Golemcm, Judge; 1. There was error refusing and modifying the instructions asked by plaintiff. No 1 was taken from the decision of this court on the fornier appeal. 123 Ark. 542-7. The court erred in adding the words “and if a cause is alleged and proven.” 80 S. E. 918; 8 1ST. C. C. A. 369, 384. NO. 3 should have been given as asked. 79 Ark. 490. No. 3 is a correct statement of the law. 79 Ark 490, 498; 116 Id. 82; 105 Id. 161; Ann. Cas. 1915, D 342; 64 L. R. A. (N. S.) 370. 2. There was error in giving instructions requested by defendants. Nos.…
1Opinion of the CourtSmith, J.
A statement of the facts upon which appellant predicates his cause of action will be found in the opinion rendered upon a former appeal (Durfee v. Dorr, 123 Ark. 542), and we refer to that opinion for a statement of the case, and we will set out here only such portions of the evidence as are necessary to an understanding of the questions raised on this appeal. At the conclusion of the trial from which the former appeal was prosecuted, the court directed the jury to return a verdict in favor of 'the defendants, and we reversed the judgment pronounced upon that verdict because, as we there…
2Cases cited1 opinion
- Durfee v. DorrSupreme Court of Arkansas · 1916
3Cited by5 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Missouri Pacific Railroad v. ForemanSupreme Court of Arkansas · 1938
- Aetna Casualty & Surety Company v. PilcherSupreme Court of Arkansas · 1968
- Walls v. BoyettSupreme Court of Arkansas · 1950
- McElroy v. Employers' Liability Assurance Corp.District Court, W.D. Arkansas · 1958