Legal Opinion · Dissent

Southern Pacific Co. v. Larrimore

Arizona Supreme Court

Decided June 18, 1920No. Civil No. 1778Published

APPEAL from a judgment of the Superior Court of the County of Santa Cruz. "W. A. O’Connor, Judge. STATEMENT oe facts. The appellee by his original complaint in this action sought to recover damages of the appellant, alleged to have accrued to appellee by reason of injury to sixty-nine head of mules, caused through the negligence of appellant in transporting same from Nogales, Arizona, to Buckeye, Arizona, under contract with the appellee.

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APPEAL from a judgment of the Superior Court of the County of Santa Cruz. "W. A. O’Connor, Judge. STATEMENT oe facts. The appellee by his original complaint in this action sought to recover damages of the appellant, alleged to have accrued to appellee by reason of injury to sixty-nine head of mules, caused through the negligence of appellant in transporting same from Nogales, Arizona, to Buckeye, Arizona, under contract with the appellee. The appellee amended his complaint and brought in the Arizona Eastern Railroad Company as a party defendant, and alleged: That the Southern Pacific…

1DissentCunningham, C. J.

(Dissenting.) — I do not concur in the construction placed on the special shipping contract by the majority opinion. The liability of the Southern Pacific Company for injury to the animals while such añimals were in the custody of the Arizona Eastern Railroad Company as a connecting carrier is determined from the special contract of shipment.

Without any doubt, the Arizona Eastern Railroad Company acted as the agent for the initial carrier, the Southern Pacific Company, in performing a number of obligations assumed by the Southern Pacific Company by such special contract. The special contract…

2Cases cited23 opinions

  1. Railway Co. v. McCarthySupreme Court of the United States · 1878
  2. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  3. York Company v. Central RailroadSupreme Court of the United States · 1866
  4. Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
  5. The Steamboat New World v. KingSupreme Court of the United States · 1854

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