Barrett v. Fort Smith Structural Steel Co.
Docket: 4-9694
Court: Supreme Court of Arkansas; February 18, 1952; Arkansas; State Supreme Court
On March 8, 1951, the appellant filed a lawsuit against the appellees in the circuit court, claiming injuries and damage to his wagon due to the alleged negligence of the appellees, who purportedly struck the wagon from behind at high speed. The jury returned a verdict in favor of the appellees, prompting the appellant to appeal. During the appeal process, the appellees filed a motion to dismiss due to the appellant's failure to comply with Rule 9, which mandates that an appellant submit an abstract detailing the material parts of the pleadings, proceedings, and pertinent facts, with references to the transcript. The court noted that the appellant's abstract was insufficient as it omitted the testimony of four witnesses and inadequately summarized extensive testimony into just two pages. Additionally, there were no abstracts of jury instructions or the motion for a new trial included. Despite these deficiencies, the court concluded that the appellant was not prejudiced by the lack of a proper abstract. The court addressed the appellant's claims, noting that the trial judge acted within his discretion regarding the jury's request to view the accident scene and that the jury's finding of no negligence was supported by substantial evidence. Consequently, the appeal was dismissed.