Equitable Powder Manufacturing Co. v. St. Louis & San Francisco Railroad
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. It was error to direct a verdict for the appellee, and appellant did not waive its right to a trial by a jury because it requested a peremptory instruction in its favor.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. It was error to direct a verdict for the appellee, and appellant did not waive its right to a trial by a jury because it requested a peremptory instruction in its favor. (a) Where a plaintiff asks for a peremptory instruction, which is denied, and prays other instructions upon disputed questions of fact, he does not thereby waive his right of trial by jury. 157 U. S. 154, 39 E. Ed. 654; 210 U. S. I, 52 L. Ed. 931; 73 C. C. A. 350; 142 Fed. 132; 138 Fed. 37; 233 111. 50; 13 Am. & Eng. Ann. Cases, 369; 92 Ark. 385; 122 N. Y. 652; 153…
1Opinion of the CourtHart, J.
This is an appeal by the Equitable Powder Manufacturing Company from a judgment upon a directed verdict in a suit brought by it against the St. Louis & San Francisco Railroad Company for the value of a car of powder, which was alleged to have been converted by the railroad company. The facts are substantially as follows:
On November 18, 1908, appellant delivered to appellee, at Fort Smith, Arkansas, a car of powder, consigned to the Wise-Moist Coal Company at Henryetta, Okla., but intended for the Wise-Moist Coal & Lumber Company, of whose financial standing appellant had made investigation,…
2Cases cited1 opinion
- Little Rock, Mississippi River & Texas Railway Co. v. GlidewellSupreme Court of Arkansas · 1882