Legal Opinion

Brown & Co. v. Bennett

Supreme Court of Arkansas

Decided March 13, 1916PublishedCited by 1 opinion

Appeal from Logan Circuit. Court; Jas. Cochran, Judge; STATEMENT BY THE COURT. Appellee 'brought this suit against appellants for damages resulting to his horses from an infectious disease negligently communicated to them.

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Appeal from Logan Circuit. Court; Jas. Cochran, Judge; STATEMENT BY THE COURT. Appellee 'brought this suit against appellants for damages resulting to his horses from an infectious disease negligently communicated to them. The complaint alleges that a pair of mules kept by defendants and driven by their agent, Parker, employed in the service of the firm in driving a poultry wagon, were allowed to be kept in his -barn at the request of defendants; that they were kept in the bam while they were infected and diseased with a contagious disease, distemper, and known to be so diseased; that his…

1Opinion of the Court

Kirby, J.,

(after stating the facts). (1) The court properly instructed the jury that the plaintiff would not be entitled to recover unless they found from a preponderance of the testimony that defendants knew or had notice of such facts as would make them chargeable with knowledge that their mules were infected with the disease while they were kept in the plaintiff’s barn and liable to communicate it to other stock. Railway Company v. Goolsby, 58 Ark. 401; Railway Company v. Henderson, 57 Ark. 402.(2) We do not think the court erred in giving instruction. numbered 5 complained of, since…

2Cases cited2 opinions

  1. Railway Co. v. HendersonSupreme Court of Arkansas · 1893
  2. Railway Co. v. GoolsbySupreme Court of Arkansas · 1894

3Cited by1 opinion

  1. Hignight v. Blevins Implement Co.Supreme Court of Arkansas · 1952

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