St. L., I. M. & S. Ry. v. Phelps
Supreme Court of Arkansas
APPEAL from Lawrence■ Circuit Court. Hon. R. H. Powell, Circuit Judge. In tbe case of delay in the transportation of merchandise beyond the time stipulated, or if there is no stipulation, as was in this case, beyond a reasonable time for the transportation and delivery of the same, the damages would be the direct and actual losses sustained thereby, such as the decline in the value of property or actual injury thereto.
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APPEAL from Lawrence■ Circuit Court. Hon. R. H. Powell, Circuit Judge. In tbe case of delay in the transportation of merchandise beyond the time stipulated, or if there is no stipulation, as was in this case, beyond a reasonable time for the transportation and delivery of the same, the damages would be the direct and actual losses sustained thereby, such as the decline in the value of property or actual injury thereto. The difference between the value of the property at the time when and the place where it should have been delivered, and its value when it was delivered, if it had declined in…
1Opinion of the Court
Cockriil, O. J.
Damages Í *gaf“|f°Jjr The appellees delivered an engine and some other machinery to the railroad company at Black River station to be transported to Walnut Ridge. The •company permitted the machinery to remain exposed to the weather about sixteen months before transporting and delivering it to the appellees at the place of destination. In the meantime it rusted, and from that cause deteriorated in value, and this action was prosecuted to recover for the injury. The only point made upon the appeal is as to the rule for the measure of damages laid down by the court for the…
2Cases cited1 opinion
- Rome Railroad v. SloanSupreme Court of Georgia · 1869
3Cited by5 opinions
- Fell v. Union Pac. Ry. Co.Utah Supreme Court · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Chicago, Rock Island & Pacific Railway Co. v. KingSupreme Court of Arkansas · 1912
- Johnson v. Poinsett Lumber & Manufacturing Co.Supreme Court of Arkansas · 1933