Yazoo & Mississippi Valley Railroad v. Altman
Supreme Court of Arkansas
Appeal from' Phillips Circuit Court; J. M, Jackson, Judge; 1. The company was liable, if at all, only as a gratuitous bailee. The burden was on appellee to show gross negligence. 76 Atl. 890; 101 N. E. 114; 42 Ark. 200; 101 Id. 75; 54 N. H. 535; 18 Wis. 471; 50 N. Y. 121; 4 R. C. L. 760; 19 Cal. 166; 17 L. R. A. 685; 29 Pac. 861; 24 Am.
Read the full summary
Appeal from' Phillips Circuit Court; J. M, Jackson, Judge; 1. The company was liable, if at all, only as a gratuitous bailee. The burden was on appellee to show gross negligence. 76 Atl. 890; 101 N. E. 114; 42 Ark. 200; 101 Id. 75; 54 N. H. 535; 18 Wis. 471; 50 N. Y. 121; 4 R. C. L. 760; 19 Cal. 166; 17 L. R. A. 685; 29 Pac. 861; 24 Am. Dec. 143. 2. No negligence of appellant was shown, but on the contrary acts of negligence on the part of the consignee and his agent are sufficient to account for the loss. 6 Corp. Jur. 1122; 101 Ark. 75. 3. If the shipment was returned with the consent of the…
1Opinion of the CourtSmith, J.
The opinion upon the former appeal in this case is found reported in 124 Ark. 490. Upon the remand of the cause it was heard upon substantially the same evidence as that recited in the f ormer opinion, except that a few points were developed in greater detail.
The cause was submitted to the jury under instructions as favorable to appellant as it could ask, and no exceptions were saved to these instructions, and no objection is now urged against any of them, it being now only insisted that the evidence is insufficient to sustain the verdict in appellee’s favor for the value of the goods sued…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Yazoo & Mississippi Valley Railroad v. AltmanSupreme Court of Arkansas · 1916
3Cited by2 opinions
- Jonesboro, Lake City & Eastern Rd. v. DavenportSupreme Court of Arkansas · 1918
- Louisiana & Northwest Railroad v. William R. Moore Dry Goods Co.Supreme Court of Arkansas · 1928