Chicago, Rock Island & Pacific Railway Co. v. Slaughter
Supreme Court of Arkansas
Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; STATEMENT by the court. The appellee by this suit seeks to recover of appellant for damages alleged to have accrued to appellee by reason of injury to two carloads of cattle caused through the negligence of appellant in transporting same from Magazine, Arkansas, to St. Louis, Missouri, under contract with appellee.
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Appeal from Logan Circuit Court; Jeptha H. Evans, Judge; STATEMENT by the court. The appellee by this suit seeks to recover of appellant for damages alleged to have accrued to appellee by reason of injury to two carloads of cattle caused through the negligence of appellant in transporting same from Magazine, Arkansas, to St. Louis, Missouri, under contract with appellee. The complaint specifically sets forth the alleged negligence in transporting the cattle from Magazine, Arkansas, to Ft. Smith, Arkansas, and from Ft.- Smith, Arkansas, to St. Louis, Missouri, and also specifically sets forth…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The contract itself showed that the parties to it contemplated that the cattle were to be delivered by appellant to a connecting carrier. For it expressly limits the liability to injuries occurring on its own line, and specifies that the liability of appellant “terminates upon delivery iby it of said cars to its connecting carrier.” The proof showed that appellee’s cattle at Wister “were delivered to the Frisco, and carried from there by them to St. Louis.” This evidence was at least prima facie proof that the Frisco was a connecting carrier, and, in the…
2Cases cited5 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- International & Great Northern Railroad v. StartzTexas Supreme Court · 1903
- Packard v. Taylor, Cleveland & Co.Supreme Court of Arkansas · 1880
- Little Rock & Fort Smith Railway Co. v. OdomSupreme Court of Arkansas · 1896
- Taylor, Cleveland & Co. v. Little Rock, Mississippi River & Texas RailroadSupreme Court of Arkansas · 1877
3Cited by1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. CottonSupreme Court of Arkansas · 1908