Chicago Mill & Lumber Co. v. Ross
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Prank Smith, Judge; It was error to permit witness Ross to testify that there was no other known cause for the fire. 56 Ark. 585; 66 Ark. 498; Elliott on Ev., § § 672, 675, 686; Greenl. on Ev. § 441b.
Read the full summary
Appeal from Craighead Circuit Court, Jonesboro District; Prank Smith, Judge; It was error to permit witness Ross to testify that there was no other known cause for the fire. 56 Ark. 585; 66 Ark. 498; Elliott on Ev., § § 672, 675, 686; Greenl. on Ev. § 441b. A witness will not be permitted to state his opinion, and thus usurp the province of the jury. 24 Ark. 253. The testimony was prejudicial. 59 Ark. 111; 49 Ore. 509; 74 Ark. 328. The evidence complained of was not admitted for the purpose of serving as a legal standard, but merely as evidential. Wig. on Ev., § 461. When the evidence tends…
1Opinion of the CourtMcCulloch, C. J.
The defendant, Chicago Mill and Cumber Company, constructed a large sawmill plant at or near Blythe-ville, Mississippi County, Arkansas, in the year 1906, and has operated it since that time. In the operation of the mill the wood refuse from the various machines is carried away by means of conveyor chains a distance from the mill sufficient to avoid danger from the spread of fire, 'and there burned. The burning place is in Pemiscot Bayou, which has sloping banks, and the amount of water therein varies with the season, being sometimes high and sometimes low. In the dry season it gets so low…
2Cases cited4 opinions
- Railway Co. v. DoddSupreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- Dodd v. ReadSupreme Court of Arkansas · 1906
- Planters' Warehouse & Compress Co. v. TaylorSupreme Court of Arkansas · 1897
3Cited by4 opinions
- Jaffe v. PowellOhio Supreme Court · 1929
- Jenkins v. QuickSupreme Court of Arkansas · 1912
- Karr v. BowenSupreme Court of Arkansas · 1917
- Pine Ford, Inc. v. ShankleSupreme Court of Arkansas · 1975