Wells Fargo & Co. v. W. B. Baker Lumber Co.
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. This was a suit by the appellee against the appellant, for special -damages growing out -of the .alleged negligent failure -of the appellant to properly -deliver a certain piece of machinery.
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Appeal from Cleburne Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. This was a suit by the appellee against the appellant, for special -damages growing out -of the .alleged negligent failure -of the appellant to properly -deliver a certain piece of machinery. It wias alleged in the complaint that ■the plaintiff, .appellee here, delivered to defendant, the appellant, a planer cylinder, which was an indispensable part -of the machinery u-sed by the plaintiff in the operation of its. lumber mill, to be transported to the Harrison Foundry Company, at Harrison, Arkansas; that…
1Opinion of the Court
Wood, J.,
(after stating tbe facts). (1) The court erred in permitting the witnesses on behalf of the appellee to testify as to the contents of certain letters which it wrote to the foundry company in regard to the cbntemplated shipment of the “easting” and also as to the letter making inquiry as to why the casting had not been returned. These were letters, addressed to the foundry company, and the primary -evidence was the letters themselves. No sufficient foundation was 1-aid for the introduction of testimony concerning the contents -of these letters. If was not shown that the letters were…
2Cases cited2 opinions
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Choctaw, Oklahoma & Gulf Railroad v. RolfeSupreme Court of Arkansas · 1905
3Cited by1 opinion
- Arkansas Machine & Boiler Works v. MoorheadSupreme Court of Arkansas · 1918