Railway Co. v. Murphy
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Ebbiott, Judge. Action by Mary K. Murphy, as executrix, against the St. Louis, Iron Mountain & Southern Railway Co. The facts are stated in the opinion. 1. Before a common carrier’s liability to a shipper, as such, begins, the goods shipped must have been first delivered to the carrier, and received into its actual care and custody, free from all control of the shipper, and not until then can a common carrier be held liable for…
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Appeal from Jefferson Circuit Court. John M. Ebbiott, Judge. Action by Mary K. Murphy, as executrix, against the St. Louis, Iron Mountain & Southern Railway Co. The facts are stated in the opinion. 1. Before a common carrier’s liability to a shipper, as such, begins, the goods shipped must have been first delivered to the carrier, and received into its actual care and custody, free from all control of the shipper, and not until then can a common carrier be held liable for the same, under its duties as such. And should a carrier receive goods from a shipper with no information or directions as…
1Opinion of the CourtWood, J.
This suit was to recover of appellant company for loss of cotton which, it is alleged in the complaint, had been delivered to appellant as a common carrier for immediate transportation. The answer of appellant denies that the cotton was delivered to or received by it, or that it agrped to transport the same. There was a verdict and a judgment for $1,016.15.
The proof, so far as it may be necessary to state it in order to present the rulings of the lower court and of this court, is substantially as follows: John P. Murphy, plaintiff, lived and did business as a merchant and planter at Fairfield…
2Cases cited7 opinions
- Montgomery & Eufaula Railway Co. v. KolbSupreme Court of Alabama · 1882
- Merriam v. Hartford & New-Haven Rail-roadSupreme Court of Connecticut · 1850
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
- Evansville & Terre Haute Railroad v. KeithIndiana Court of Appeals · 1893
- Rogers v. . WheelerNew York Court of Appeals · 1873
2 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BrownIndiana Supreme Court · 1912
- Kansas City, M. & O. Ry. Co. v. CoxSupreme Court of Oklahoma · 1910
- Chicago, Burlington & Quincy Railroad v. PowersNebraska Supreme Court · 1905
- Kessler Export Corp. v. Reliance Insurance Co. of Philadelphia, Penn.District Court, E.D. New York · 1962
- McCarthy v. McArthurSupreme Court of Arkansas · 1901
16 more not listed; retrieve them via the Exa API.