Lusk v. Long
Supreme Court of Arkansas
Appeal from Madison Circuit Court; J. S. Maples, Judge; 1. The contract was based upon the consideration of a lower rate, and such contracts have been upheld by this court. 63 Ark. 331; 82 Id. 353. 2. A witness was allowed to estimate the damages, without any knowledge of the facts. There was no evidence of negligence whatever. 47 Ark. 497; 71 Id. 302; 67 Id. 371; 40 Id. 375; 44 Id. 209. 3. No notice was given of damages, within, thirty hours.
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Appeal from Madison Circuit Court; J. S. Maples, Judge; 1. The contract was based upon the consideration of a lower rate, and such contracts have been upheld by this court. 63 Ark. 331; 82 Id. 353. 2. A witness was allowed to estimate the damages, without any knowledge of the facts. There was no evidence of negligence whatever. 47 Ark. 497; 71 Id. 302; 67 Id. 371; 40 Id. 375; 44 Id. 209. 3. No notice was given of damages, within, thirty hours. The burden was on plaintiff to prove notice. 82 Ark. 353, 357. These were interstate shipments, and our courts are bound by the construction placed on…
1Opinion of the Court
Humphreys, J..
Appellee, T. G. Long, brought two suits against appellants, Jas. W. Lusk, et al., Receivers, St. Louis & San Francisco Rd. Co., one in the Madison circuit court and one before Pete Cooper, a justice of the peace in Mill Creek township, seeking to recover damages from appellant on account of its negligence pertaining to stock shipments over its railroad. The suit begun in the circuit court contained four counts, and the one begun in the justice of peace court, three counts. The suit before the justice of the peace was appealed to the circuit court and by consent consolidated with…
2Cases cited7 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Northern Pacific Railway Co. v. WallSupreme Court of the United States · 1916
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
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3Cited by1 opinion
- Bush v. CurrySupreme Court of Arkansas · 1917