Miller v. Mintun
Supreme Court of Arkansas
Appeals from Washington Circuit Court. John N. Tillman, Judge. • The first instruction was erroneous because it in effect told the jury that the evidence would justify them in finding for the plaintiff in the amount sued for. Const.
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Appeals from Washington Circuit Court. John N. Tillman, Judge. • The first instruction was erroneous because it in effect told the jury that the evidence would justify them in finding for the plaintiff in the amount sued for. Const. Ark. art. 7, § 23. The second instruction was erroneous because not hypothetical. 14 Ark. 530; 31 Ark. 684-9; 52 Ark. 45; 33 Ark. 350; 24 Ark. 540; 61 Ark. 155, 156. The court erred in refusing appellant’s first prayer for instruction. 128 Mass. 131. The court also erred in refusing appellant’s fourth prayer. 39 111. 53; 47 la. 625; 14 Am. & Eng. Enc. Law, 83.…
1Opinion of the CourtHill, C. J.
The appellee, Mrs. Mintun, was injured by a fall from a mule on the 13th of May, 1900, and she called in the appellant to attend and treat her injury. He is a graduated physician and surgeon, duly licensed to practice his profession, and was engaged in active practice at the time. He described Mrs. Mintun’s injury to be “a complete compound dislocation of' the tibia at the ankle joint, complicated with a Pott’s fracture.” He treated the injury, and operated upon the ankle, and the result was not satisfactory, to say the least. The following January the injured ankle was submitted to other…
2Cases cited5 opinions
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Nelson v. HarringtonWisconsin Supreme Court · 1888
- Fordyce v. NixSupreme Court of Arkansas · 1893
- De Hart v. HaunIndiana Supreme Court · 1890
- Cason v. BoneSupreme Court of Arkansas · 1884
3Cited by10 opinions
- Fisher v. StateCourt of Appeals of Arkansas · 1982
- Commonwealth v. Harold RollerSuperior Court of Pennsylvania · 1930
- Lupton v. Southern Express Co.Supreme Court of North Carolina · 1915
- Ryan v. FielderSupreme Court of Arkansas · 1911
- Prescott & Northwestern Railroad v. FranksSupreme Court of Arkansas · 1914
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