Spadra Creek Coal Co. v. Harger
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The verdict is contrary to the evidence. 70 Ark. 386. 2. The opinion of the circuit judge entitled defendant to a new trial. 126 Ark. 427; 112 Tenn. 463; 85 Id. 387; 102 Id. 702; 113 G-a. 453. ■ 3. The court erred in its instructions. Cooley on Torts, 70, 71 (1879 ed.); 66 Ark. 68; 3 Am. & E. Ann.
Read the full summary
Appeal from Johnson Circuit Court; A. B. Priddy, Judge; 1. The verdict is contrary to the evidence. 70 Ark. 386. 2. The opinion of the circuit judge entitled defendant to a new trial. 126 Ark. 427; 112 Tenn. 463; 85 Id. 387; 102 Id. 702; 113 G-a. 453. ■ 3. The court erred in its instructions. Cooley on Torts, 70, 71 (1879 ed.); 66 Ark. 68; 3 Am. & E. Ann. Cases, 57. 4. Defendant was entitled to a new trial for newly discovered evidence. 5. The damages were excessive. 1. Arbaugh was negligent. This was a question of fact. So was Callahan negligent. 2. An appellate court can not look to the…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by the plaintiff, Harger, against the Spadra Creek Coal Company to recover damages on account of personal injuries received by plaintiff while working for defendant in its coal mines in Johnson County, Arkansas. Plaintiff was employed as a driver, and alleges that while working in the mine he was injured as a result of the negligence of two other employees of the defendant company. The answer contained denials of the charge of negligence and the cause was tried before a jury upon the issues involved, and there was a verdict and judgment in favor of plaintiff for…
2Cases cited1 opinion
- Spadra Creek Coal Co. v. CallahanSupreme Court of Arkansas · 1917
3Cited by10 opinions
- Mueller v. CoffmanSupreme Court of Arkansas · 1918
- Mo. Pac. Rd. Co., Baldwin, Trustees v. BrewerSupreme Court of Arkansas · 1937
- Newman v. Zurich General Accident & Liability Ins. Co.Louisiana Court of Appeal · 1956
- Bean v. CoffeeSupreme Court of Arkansas · 1925
- Zorub v. Missouri Pacific Railroad Co.Supreme Court of Arkansas · 1930
5 more not listed; retrieve them via the Exa API.