Evans v. Merritt
| Citation | 35 S.W. 212,62 Ark. 228 |
| Parties | EVANS v. MERRITT |
| Decision Date | 04 April 1896 |
| Court | Supreme Court of Arkansas |
Appeal from Garland Circuit Court, ALEXANDER M. DUFFIE, Judge.
Judgment affirmed.
W. H. Martin, for appellant.
Murphy & Menkus, for appellee.
This is a suit for damages for personal injuries done by driving into and against plaintiff's vehicle, overturning the same, and throwing him out, and severely wounding and bruising him. The defendant Evans, and one John Breese, were both in the single-horse buggy of defendant, and both somewhat, if not very much, intoxicated at the time; Breese actually holding the reins and driving. The contention of appellant is mainly to the effect that the court erred in giving instruction "B" on its own motion, having reference to the responsibility of one or both of the men in the buggy for the injury. We are of the opinion that said instruction was erroneous, but that the evidence fully sustained the verdict,--that, in fact, it should not have been otherwise,--and therefore the judgment is affirmed.
To continue reading
Request your trial
-
Iaegar v. Metcalf
......446. Where an instruction is erroneous,. and the evidence fully sustained the verdict, the doctrine of. harmless error is applied. Evans v. Merritt, 62 Ark. 228, 35 S.W. 212; Liberty Ins. Co. v. Ehrlich, 42. Neb. 553, 60 N.W. 940; Ariz. L. & R. Co. v. Mooney,. 4 Ariz. 96, 33 P. 590; ......
-
St. Louis, Iron Mountain & Southern Railway Co. v. Evans
...65 Ark. 429; 62 Ark. 235; 50 Ark. 482; 66 Ark. 366. The verdict was not excessive. 57 Ark. 306; 60 Ark. 550; 43 Ark. 220; 64 Ark. 238; 62 Ark. 228. MCCULLOCH, J., (after stating the facts.) We find no error in the instructions given by the court to the jury. They correctly and concisely dec......
-
Grayson-McLeod Lumber Co. v. Carter
...25 Ib. 242; 57 Ark. 164; 18 S.W. 977; 20 N.W. 147; 24 N.W. 311. The judgment upon the whole case was right, and should not be reversed. 62 Ark. 228; 56 Ark. 600; 44 Ark. 556; 46 Ark. OPINION BATTLE, J. Henry Carter sued Grayson-McLeod Lumber Company for damages arising from personal injurie......
-
Young v. Morrison
...the bottom of list of 24 waived request for drawn jury. 134 Ark. 268. The judgment is right on the whole case, and should be affirmed. 62 Ark. 228; 141 Ark. 540; Ark. 559. OPINION WOOD, J. This action was instituted by the appellant against O. P. Morrison and John T. Davis. The appellant al......