Barrett v. Berryman
Supreme Court of Arkansas
Appeal from Pope Circuit Court, A. B. Priddy, Judge; 1. Instructions should have been given to the jury to return a verdict' for the defendants. This was not an original promise or obligation, but a collateral undertaking not in writing and void under the statute of frauds. 12 Ark. 174; 102 Id. 435; 88 Id. 592. 2. Plaintiffs should have been requested to file an itemized account. 3. A great preponderance of the evidence is against the verdict.
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Appeal from Pope Circuit Court, A. B. Priddy, Judge; 1. Instructions should have been given to the jury to return a verdict' for the defendants. This was not an original promise or obligation, but a collateral undertaking not in writing and void under the statute of frauds. 12 Ark. 174; 102 Id. 435; 88 Id. 592. 2. Plaintiffs should have been requested to file an itemized account. 3. A great preponderance of the evidence is against the verdict. It should be set aside for the reason that there is not sufficient proof to sustain it. 4. Plaintiffs have a judgment for this debt against coal…
1Opinion of the CourtHumphreys, J.
W. F- McBride, an employee of the Arkansas Anthracite Coal Company, was seriously injured on the 6th day of August, 1914, while working in the mine of said company. All the stock in the corporation was owned by appellants and Thos. M. Barrett. W. H. Barrett, Sr., was president and general manager, and W. H. Barrett, Jr., was secretary-treasurer and superintendent of said company. Appellees are physicians and surgeons and own and operate a hospital in Russellville, Arkansas. Prior to the institution of this suit, W. F. McBride prosecuted a suit for damages against the Arkansas Anthracite Coal…
2Cases cited1 opinion
- Millsaps v. NixonSupreme Court of Arkansas · 1912
3Cited by3 opinions
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- Barnett v. Hughey Auto Parts, Inc.Court of Appeals of Arkansas · 1982
- McCoy Farms, Inc. v. J & M McKEESupreme Court of Arkansas · 1978