Pine Bluff daily graphic. (Pine Bluff, Ark.) 1893-1942, 1914-07-07
Supreme Court Reverses
Pulaski Circuit in Suit
for Damages.
BOTTLTNG COMPANY
Is HELD NEGLIGENT
Highest State Tribunal Rules That
BGitle Should Not Be Oyerchargel
and That Priyity OF Contract
Exists With Purchases.

Little Rock, July 1.-THE supreme
court this morning revised a verdict
OF the Pulaski circuit court which
denied the right of Rebecca Colyar,
who has a store on Markham street
to collect damages from the Little
Rock bottling company. The case
vas remanded back to the circuit
court for retrial.
Yrs. Colyar, while opening a bottle
of soda purchased from the bottling
company, was injured when the SODA
exploded. The bottle was broken and
piece Of the glass put out one of
her eyes. She sued for several thou
sand dollars damages, but the circuit
court gave verdict in favor OF the
bottling company on the ground that
it was not through negligence of the
company that the accident occurred,
nor that contract existed between
the purchaser whereby the purchaser
was protected from such an acct
cent.
The supreme court, in the decision
this morning, held that the company
was negligent in overcharging the
bottle, and that with the company
such a privity of contract existed as
to warrant the reversal of the verdict
Of the lower court.
Other Decisions.
Other actions of the supreme court
this morning follows:
'NcCulloch, c. j.:
Massachusetts Bonding and Insur-
ance Company VS.. Home Life and
Accident Company, from Pulaski
CEancery; reversed and remanded.
Western Tie and Timber Company
W. S. M. stuckey ct al, from Jack
son chancery; alfred.
e. C. Morton VS.. C. S. Bacon ct al,
from Lincoln chancary; reversed and
remanded with directions.
L. l. Greer VS.. Merchants and Me-
chanics' Bank, from 'Pulacki chancery
affirmed, Kirby. j., dissents.
Wood, j.:
st. Louis Southwestern Railway
Company VS.. Pauline Overton, from
Monroe circuit; affirmed.
w. d. Polk VS.. c. d. Frierson,
1nandamus to Clay Chnancery; petit
ton for mandamus denied.
J. w. Givens VS.. William B. Hinton,
from Lafayette chancery; affirmed.
Hart, j.:
Crawford chancery, affirmed.
B. S. Phillips VS.. j. c. Colvln,
from Columbia circuit; affirmed.
Southern Railway Company VS.. J. W..
Fuqua. from Desha circuit, affirmed.
Kirby, Jr.-
Acie Morphis VS.. State, from Poe
circuit; affirmed
j. M. King VS.. j. M. Crone, from
Cleburne chancery; reversed AID re-
nanded with directions.
Mammoth Vein Coal Company VS..
r A. Bishop, from Sebastian circuit;
reversed and judgment here in appel
lant's favor.
J. F. Mullins VS.. Mayor and Alder
men Of Little Rock, from Pulaski
Chancery; reversed with directions
tc overrule the demurrer.
Frank Massey VS.. Benton County
Lumber Company, from Benton
cEancery; reversed and remanded
with directions.
Smith, j.
II. ]. Hunter VS. w. A. Field, from
Pulaski chancery; reversed and re-
handed with directions. Kirby, Jr.,
dlssents.
Froug-Smullion Company VS.. Out
cault Advertising Company, from Pu-
laski cilcuit; affirmed.
Rebecca Coryar VS.. Little Rock
Bottling Company, from Pulaski cir
cult; reversed and remanded.
State of Arkansas, use Agricul-
tural School, VS.. Craighead County,
from Craighead circuit; affirmed.
|McCulloch, C. j., dissents.
Martin Wheatley VS.. City of Rogers,
from Benton circuit; affirmed.
Orders Per Curtain.
| A. R. Thompson VS.. Radford &
Gusie, from Pike Circuit; Judgment
set aside and certiorari ordered to
bring up additional record as ct forth
in appellee's motion.
Mrs. Maggie Abrams VS.. Little
! Rock Trust Company, from Pulaski
chancery motion to reinstate over
ruled.
James r. Purcell VS.. D. Gam. from
Saline Chancery; rebearing denied
Additional opinion by Hart, J.
City Of Ell Dorado VS.. I. ]. Scruggs,
from Union. Circuit; hehearing de-
MED. -
Eighteen Want License. .
Melbourne Martin and Albert Ger
I,lach enrolled on diploma.