Legal Opinion

Arkansas Valley Trust Co. v. McIlroy

Supreme Court of Arkansas

Decided January 2, 1911PublishedCited by 33 opinions

Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The rule is fundamental that, in order to recover damages on account of the unintentional neglect of another, it must appear that the injury -was the natural and probable consequence thereof, and that it ought to have been avoided in the light of attending circumstances. 150 U. S. 249; 69 Ark. 42, 45; 86 Ark. 289. There must be a direct connection between the neglect of the defendant and the injury. 55 Ark. 510; 58…

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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. The rule is fundamental that, in order to recover damages on account of the unintentional neglect of another, it must appear that the injury -was the natural and probable consequence thereof, and that it ought to have been avoided in the light of attending circumstances. 150 U. S. 249; 69 Ark. 42, 45; 86 Ark. 289. There must be a direct connection between the neglect of the defendant and the injury. 55 Ark. 510; 58 Ark. 157; 91 Ark. 260; 70 Ark. 331; 79 N. E. 950; 79 S. W. 927. 2. Appellee was clearly guilty of contributory negligence…

1Opinion of the CourtFrauEnthar, J.

This was an action instituted by Mary L,. Mcllroy for the recovery of damages for personal injuries sustained by her from burns which it was alleged were caused by the negligent acts of the defendants. The plaintiff was a minor about 12 years old, and she was living with her father in the city of Fort Smith upon premises rented from one of the defendants, the Arkansas Valley Trust Company, a domestic corporation, of which C. R. Breckinridge, another defendant, was president. A. H. Berg, the third defendant, was employed by the Arkansas Valley Trust Company to rent .out and care for said…

2Cases cited4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1901
  2. Gage v. HarveySupreme Court of Arkansas · 1898
  3. Brinkley Car Co. v. CooperSupreme Court of Arkansas · 1901
  4. St. Louis, Iron Mountain & Southern Railway Co. v. BucknerSupreme Court of Arkansas · 1909

3Cited by33 opinions

  1. Hill v. WilsonSupreme Court of Arkansas · 1949
  2. Archuleta v. JacobsNew Mexico Supreme Court · 1939
  3. Garrett v. Arkansas Power & Light Co.Supreme Court of Arkansas · 1951
  4. Pocholec v. GIUSTINAOregon Supreme Court · 1960
  5. Bona v. Thomas Auto Co.Supreme Court of Arkansas · 1919

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