Legal Opinion

Planters' Warehouse & Compress Co. v. Taylor

Supreme Court of Arkansas

Decided October 9, 1897PublishedCited by 6 opinions

Appeal from Clark Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The above-entitled actions were brought against the Planters’ Warehouse & Compress Company to recover for damages alleged to have been caused by fire from sparks emitted from the smokestack of a cotton compress owned and operated by said company. Both eases rest upon substantially the same facts, and by consent they were tried together in the circuit court before the same jury.

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Appeal from Clark Circuit Court. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. The above-entitled actions were brought against the Planters’ Warehouse & Compress Company to recover for damages alleged to have been caused by fire from sparks emitted from the smokestack of a cotton compress owned and operated by said company. Both eases rest upon substantially the same facts, and by consent they were tried together in the circuit court before the same jury. On the trial the evidence was eon-' flicting. Some of the evidence tended to support the contention that the fire which destroyed the…

1Opinion of the Court

Biddick, J.,

(after stating the facts.) In each of these cases there were two disputed questions of fact, which were submitted to the jury for determination. The first question was whether the fire which destroyed the church building and dwelling house was caused by sparks from the smokestack of the compress company. That question was properly submitted, and was answered by the jury in the affirmative. The other question was whether the fact that such sparks were emitted from the smokestack was due to the negligence of appellant company. That question was also determined by the jury in favor…

2Cases cited3 opinions

  1. Hoyt v. JeffersMichigan Supreme Court · 1874
  2. Gagg v. VetterIndiana Supreme Court · 1872
  3. Montgomery v. Muskegon Booming Co.Michigan Supreme Court · 1891

3Cited by6 opinions

  1. Archuleta v. JacobsNew Mexico Supreme Court · 1939
  2. City of Denver v. PorterCourt of Appeals for the Eighth Circuit · 1903
  3. Weis-Patterson Lumber Co. v. KingSupreme Court of Florida · 1937
  4. Centraal Stikstof Verkoopkantoor N v. v. Pensacola Port AuthorityDistrict Court, N.D. Florida · 1962
  5. Dodd v. ReadSupreme Court of Arkansas · 1906

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