Ozark Grocer Co. v. Crandall
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in giving the fifth instruction for plaintiff. Courts should not invade the province of the jury by charging as to matters of fact. Const. Art. 7, § 23; 49 Ark. 439; 43 Id. 289; 45 Id. 165, 492; 53 Id. 381; 55 Id. 108; 58 Id. 109; 26 Oh. Ct. Ct. 59. 2. The court erred also in its instruction as to the measure of damages by flood-water. 3. The verdict is excessive.
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Appeal from Boone Circuit Court; Jno. I. Worthington, Judge; 1. The court erred in giving the fifth instruction for plaintiff. Courts should not invade the province of the jury by charging as to matters of fact. Const. Art. 7, § 23; 49 Ark. 439; 43 Id. 289; 45 Id. 165, 492; 53 Id. 381; 55 Id. 108; 58 Id. 109; 26 Oh. Ct. Ct. 59. 2. The court erred also in its instruction as to the measure of damages by flood-water. 3. The verdict is excessive. It should not, at least, be more than $1,133,33. 1. It was not error to give instruction No. 5 for plaintiff. 80 N. Y. 312; 62 Id. 264; 88 Id. 650; 75…
1Opinion of the CourtMcCULLOCH, C. J.
Defendant, Ozark Grocer Company, was engaged in the wholesale grocery business at Fayetteville, Arkansas, with a branch house at Harrison, Arkansas, and on July 15, 1913, entered into a written contract with plaintiff H. A. Crandall for the rental of a storehouse in Harrison to be constructed by plaintiff on a lot which he then owned. The contract contained many provisions having no bearing on the present controversy. The feature of the contract which is the basis of the controversy reads as follows:
“The walls and floor of said basement to be properly water-proof and so maintained during the…
2Cases cited1 opinion
- Fitzgerald v. La PorteSupreme Court of Arkansas · 1897
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