St. L., I. M. & S. Ry. v. Bone
Supreme Court of Arkansas
APPEAL from Independence Circuit Court. R. H. Powell, Judge. This was an action to recover damages for the loss of goods destroyed by the burning of a car at the depot of the defendant company. The complaint alleged that on April 15, 1886, the defendant received and undertook, by its written bill of lading, to transport a car-load of furniture from St. Louis, Missouri, and to-deliver the same to the plaintiff, at Batesville, Arkansas.
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APPEAL from Independence Circuit Court. R. H. Powell, Judge. This was an action to recover damages for the loss of goods destroyed by the burning of a car at the depot of the defendant company. The complaint alleged that on April 15, 1886, the defendant received and undertook, by its written bill of lading, to transport a car-load of furniture from St. Louis, Missouri, and to-deliver the same to the plaintiff, at Batesville, Arkansas. That a car controlled by defendant was loaded at St. Louis-with plaintiff’s goods on the 15th of April, 1886, and arrived at Batesville on April 19, about 12:30…
1Per curiam
Railroad Companies: Negligence. In no aspect of this case can the plaintiff r r , .. recover of the defendant, except upon proof of its negligence contributing to the loss. Without proof of negligence the defendant, as a common carrier, is exempt from liability for loss by fire, by the terms of its contract; and as warehouseman it is not liable for loss by accidental fire. L. R., M. & T. Ry., v. Talbot, 39 Ark., 523; L. R. & Ft. S. Ry. v. Hunter, 42 Ark., 200.
Revense the judgment and remand the cause for a new trial.
2Cited by3 opinions
- Traders Compress Co. v. PrecureSupreme Court of Oklahoma · 1924
- Commodity Credit Corp. v. American Equitable Assurance Co.Supreme Court of Arkansas · 1939
- Kansas City, Fort Scott & Memphis Railway Co. v. SharpSupreme Court of Arkansas · 1897