Legal Opinion

James v. Orrell

Supreme Court of Arkansas

Decided June 16, 1900PublishedCited by 16 opinions

Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. This suit was brought in the Conway circuit court by appellees against appellant for the value of a bale of cotton claimed by them to have been stolen from his gin through his negligence, and for the value of seven other bales claimed to have been burned and destroyed by reason of his negligently permitting his gin to be destroyed by ñre.

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Appeal from Conway Circuit Court. Jeremiah G. Wallace, Judge. STATEMENT BY THE COURT. This suit was brought in the Conway circuit court by appellees against appellant for the value of a bale of cotton claimed by them to have been stolen from his gin through his negligence, and for the value of seven other bales claimed to have been burned and destroyed by reason of his negligently permitting his gin to be destroyed by ñre. In response to a motion to make the complaint more definite and certain, an amended complaint was filed. In the amended complaint it is charged that in the year 1897…

1Opinion of the Court

Hughes, J.,

(after stating the facts.) The defendant offered to prove on the trial that the cotton was being withheld by him from being ginned at the instance and request of Gray, one of the appellees, at the time it was stolen, and at the time of the burning of the gin; and this was not allowed by the court, to which he excepted, and made this the first ground of his motion for a new trial. Appellant contends this should have been allowed, because the appellees requested that the ginning should be delayed until they could gather a certain field of cotton, that it might all be ginned at the…

2Cases cited3 opinions

  1. Heinemann v. . HeardNew York Court of Appeals · 1875
  2. Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
  3. Wilson v. Southern Pacific RailroadCalifornia Supreme Court · 1882

3Cited by16 opinions

  1. Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
  2. Stone v. CaseSupreme Court of Oklahoma · 1912
  3. Standard Marine Ins. Co., Ltd. v. Traders CompressSupreme Court of Oklahoma · 1915
  4. Yazoo & Mississippi Valley Railroad v. HughesMississippi Supreme Court · 1908
  5. Bertig v. NormanSupreme Court of Arkansas · 1911

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