Southern Express Co. v. Texarkana Water Co.
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. C. E. Mitchel, Judge. Action on behalf of the Southern Express Company to recover damages for the killing of a horse, occasioned by the negligence of the Texarkana Water Company in filling a trench which it had dug in a public street in the city of Texarkana, for the purpose of laying a water pipe. There was verdict and judgment for defendant. Plaintiff has appealed, and assigns errors in the court’s charge.
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APPEAL from Miller Circuit Court. C. E. Mitchel, Judge. Action on behalf of the Southern Express Company to recover damages for the killing of a horse, occasioned by the negligence of the Texarkana Water Company in filling a trench which it had dug in a public street in the city of Texarkana, for the purpose of laying a water pipe. There was verdict and judgment for defendant. Plaintiff has appealed, and assigns errors in the court’s charge. The acceptance by the city did not in any manner release the water company from its responsibility from negligence. Authority cannot be given to endanger…
1Opinion of the CourtCockrill, C. J.
The charge of the court is to be condemned for the reasons pointed out in Davis v. Railway, 53 Ark., 129. All of its parts cannot be made to harmonize. Without dwelling upon the inconsistencies, there is positive error in the seventh'instruction given at the instance of the appellee, who was the defendant below, which no incidental explanation in another part of the charge could rectify. In effect it declares that the defendant was not liable for the injury sustained by the plaintiff, even though it was guilty of negligence in filling the trench which caused the injury, if the trench had been…
2Cases cited1 opinion
- Reeves v. LarkinSupreme Court of Missouri · 1853
3Cited by9 opinions
- Reynolds v. ManleySupreme Court of Arkansas · 1954
- Citizens Street Railroad v. MarvilIndiana Supreme Court · 1903
- Missouri Pacific Railroad Co. v. RileySupreme Court of Arkansas · 1932
- Robinson v. MillsMontana Supreme Court · 1901
- Canal Construction Co v. ClemSupreme Court of Arkansas · 1924
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