St. Louis & North Arkansas Railroad v. Wilson
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; statement by the court. This suit was brought before a justice of the peace by the appellees against the appellant, by filing the' following complaint : “The plaintiffs for cause of complaint state that the defend-' ant is a corporation organized under ¡ the laws of the State of Arkansas,' and doing business as a common carrier, and as such undertook and agreed to transport from Harrison, Arkansas, to St. Louis,…
Read the full summary
Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; statement by the court. This suit was brought before a justice of the peace by the appellees against the appellant, by filing the' following complaint : “The plaintiffs for cause of complaint state that the defend-' ant is a corporation organized under ¡ the laws of the State of Arkansas,' and doing business as a common carrier, and as such undertook and agreed to transport from Harrison, Arkansas, to St. Louis, Missouri, two carloads of cattle, two of sheep, and two of hogs, on the 14th day of January, 1905, and that by the negligence…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Appellant contends that this is an action for tort, and, therefore not within the jurisdiction of a justice of the peace. In the case of St. Louis, I. M. & S. Ry. Co. v. Heath, 41 Ark. 478, the court said: “In suing a common carrier for the breach of a contract for the carriage and delivery .of goods, the action may be, in form, either ex contractu or ex delicto. The plaintiff may bring assumpsit, counting upon the nonperformance of the agreement which the defendant made with him; or he may bring case and count upon the violation of the public duty which…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. SweetSupreme Court of Arkansas · 1897
- Kansas City, Pittsburg & Gulp Railroad v. PaceSupreme Court of Arkansas · 1901
3Cited by6 opinions
- The Henry W. BreyerDistrict Court, D. Maryland · 1927
- Temple Cotton Oil Company v. DavisSupreme Court of Arkansas · 1925
- Crowley Bros. v. Grand Trunk Railway Co.Michigan Supreme Court · 1915
- Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Missouri & North Arkansas Railroad v. PullenSupreme Court of Arkansas · 1909
1 more not listed; retrieve them via the Exa API.