Little Rock Railway & Electric Co. v. Baxley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The only question in this case is the right of defendant to a ¡directed verdict. § 6773 Kirby’s Digest is not applicable to street railways, .and the burden was on plaintiff to show that the horse was killed through the negligence of defendant. 77 Ark. 599. Plaintiff has wholly failed to make out his case. 1. The question of negligence is a mixed one of law and fact and while the law imposes duties on…
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; The only question in this case is the right of defendant to a ¡directed verdict. § 6773 Kirby’s Digest is not applicable to street railways, .and the burden was on plaintiff to show that the horse was killed through the negligence of defendant. 77 Ark. 599. Plaintiff has wholly failed to make out his case. 1. The question of negligence is a mixed one of law and fact and while the law imposes duties on persons, yet it is the .province of the jury to find whether these conditions have, or have not, been met. 72 Ark. 577.…
1Opinion of the CourtSmith, J.
This is an action brought by appellee for damages for the alleged negligent killing of his horse by the operation of a street car of the appellant company at the intersection of 16th .and 'College streets, in the City of Little Bock. The accident occured at night, on the 29th of October, 1913.
It is the contention of appellant that no actionable negligence is shown by the testimony, and that the testimony, together with all reasonable inferences that may be drawn therefrom in favor of appellee, is not sufficient to entitle appellee to have the question of appellant’s negligence submitted to…
2Cases cited1 opinion
- Little Rock Railway & Electric Co. v. NewmanSupreme Court of Arkansas · 1906