Kanis v. Rogers
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COURT. Appellee brought this suit in justice court for damages for the killing of a hunting dog and recovered judgment, from which appellant appealed to the circuit court, and upon trial there again recovered judgment for $50, from which appellant prosecutes this appeal.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; STATEMENT BY THE COURT. Appellee brought this suit in justice court for damages for the killing of a hunting dog and recovered judgment, from which appellant appealed to the circuit court, and upon trial there again recovered judgment for $50, from which appellant prosecutes this appeal. It appears from the testimony that plaintiff passed near defendant’s home, about 10 o’clock in the morning, and hitched his horse by the pasture 250 yards from the house. Some goats and sheep ran by him and his dog started to chase…
1Opinion of the Court
Kirby, J.,(1) (after stating the facts). It is contended for reversal that the court erred in refusing to give said requested instruction numbered 2. The instruction as requested, was not -an accurate statement of the law, since the burden of proof in the case was not upon the plaintiff, except to show the value of the dog, the defendant having admitted the killing. The instruction not being correct, the court did not err in refusing it, although no other instruction was given upon the burden of proof alone.
The court instructed the jury, however, after saying that the plaintiff brings this…
2Cited by6 opinions
- Minerva Enterprises, Inc. v. HowlettSupreme Court of Arkansas · 1992
- Bocquin v. TheurerSupreme Court of Arkansas · 1918
- McDaniel v. JohnsonSupreme Court of Arkansas · 1955
- Davis v. Arkansas State Highway CommissionSupreme Court of Arkansas · 1986
- Mack v. WilkersonSupreme Court of Arkansas · 1990
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