St. Louis Southwestern Railway Co. v. Gramling
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Prank Smith, Judge; Under the facts in this case the consignor and initial carrier are the only proper parties. The consignor did not part with title to the property by the shipment, but shipped it on consignment to the consignee as a factor or commission merchant. He, the consignor, alone could sue for damages to the shipment, and is the only party liable for the freight.
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Appeal from Greene Circuit Court; Prank Smith, Judge; Under the facts in this case the consignor and initial carrier are the only proper parties. The consignor did not part with title to the property by the shipment, but shipped it on consignment to the consignee as a factor or commission merchant. He, the consignor, alone could sue for damages to the shipment, and is the only party liable for the freight. Kirby’s Dig., § 5999; 20 So. 986; 21 So. 240. 1. The National Stock Yards Railroad Company is a necessary party, otherwise there is nothing to prevent the delivering carrier from again…
1Opinion of the CourtFrausnthau, J.
This was an action instituted by the St. Louis Southwestern Railway Company, the plaintiff below, the recover a balance due for its charges as compensation for the carriage of property of the defendant. In the complaint the plaintiff alleged, substantially, that it was a railroad corporation, and owned and operated a line of railroad in the State of Arkansas; upon which as a common carrier it transported goods and was engaged in carrying same in the course of interstate commerce. On February 19, 1907, the defendant tendered to it for carriage from Paragould, Arkansas, to the National Stock…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. WallaceSupreme Court of Arkansas · 1909
3Cited by9 opinions
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- Pere Marquette Railroad v. American Coal & Supply Co.Appellate Court of Illinois · 1925
- Missouri Pacific Railroad v. Pfeiffer Stone Co.Supreme Court of Arkansas · 1924
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
- Southern Pacific Co. v. Oregon Growers Co-Operative Ass'nOregon Supreme Court · 1928
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