Chicago, Rock Island & Pacific Railway Co. v. Williams
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellee is not entitled to recover because of his failure to comply with that clause of the contract of shipment providing that “claims for loss, damage or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for…
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellee is not entitled to recover because of his failure to comply with that clause of the contract of shipment providing that “claims for loss, damage or delay must be made in writing to the carrier at the point of delivery or at the point of origin within four months after delivery of the property, or, in case of failure to make delivery, then within four months after a reasonable time for delivery has elapsed, etc. This is a reasonable requirement, and failure to comply with it precludes recovery. 67 Ark. 407;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee to recover the value of a box of articles consigned as household goods over appellant’s railroad and alleged to have been lost in transit. Appellee shipped four boxes from Roswell, New Mexico, to Hartford, Arkansas, over the Eastern Railway Company of New Mexico as the initial carrier, and which were delivered to appellant company as connecting carrier at Amarillo, Texas, for transmission to Hartford. One of the boxes, which contained the articles described in the complaint, was lost by appellant’s servants, and was never delivered. The box contained…
2Cases cited5 opinions
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railway Co. v. HurstSupreme Court of Arkansas · 1900
- St. Louis, Iron Mountain & Southern Ry. Co. v. FurlowSupreme Court of Arkansas · 1909
3Cited by9 opinions
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. Laser Grain Co.Supreme Court of Arkansas · 1915
- The GeorgianDistrict Court, S.D. Florida · 1933
- Wells Fargo & Co. Express v. Townsend & Freeman Co.Supreme Court of Arkansas · 1918
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