Legal Opinion

St. Louis, Iron Mountain & Southern Ry. Co. v. Caldwell

Supreme Court of Arkansas

Decided February 8, 1909PublishedCited by 3 opinions

Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; STATEMENT BY THE COURT. This action was brought by J. J. Caldwell against the St. Louis, Iron Mountain & Southern Railway 'Company to recover damages to a stock of drugs while in the hands of the railway company for carriage from Newark, Arkansas-, to Park, Texas.

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Appeal from Independence Circuit Court; Frederick D. Fulkerson, Judge; STATEMENT BY THE COURT. This action was brought by J. J. Caldwell against the St. Louis, Iron Mountain & Southern Railway 'Company to recover damages to a stock of drugs while in the hands of the railway company for carriage from Newark, Arkansas-, to Park, Texas. The facts are as follows: Caldwell was a druggist, and, desiring to move, he went to Mr. Hoyt, the agent of the railway compan}' at Newark, and inquired of him the car .rates from there to Texarkana. Hoyt said that he could not tell, but would look the matter up…

1Opinion of the Court

Hart, J.,

(after stating the facts.) Counsel for appellant first -contends that the -court below erred .in permitting the appellee to testify as to the conversations he had with the railway agent -concerning the shipment prior -to the issuance of the bill of lading. Assuming this to be correct, it was not prejudicial error. Appellee was given a through bill of lading from Newark, Arkansas, to Park, Texas, by appellant. Appellant has a direct line of railroad from Newark to Texarkana. The town of Park was five miles west of Texarkana on the line of the Texas & Pacific Railway Company, and the…

2Cases cited4 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
  2. St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
  3. Kansas City, Fort Scott & Memphis Railway Co. v. SharpSupreme Court of Arkansas · 1897
  4. Little Rock, Mississippi River & Texas Railway Co. v. GlidewellSupreme Court of Arkansas · 1882

3Cited by3 opinions

  1. Haynes v. GwinSupreme Court of Arkansas · 1919
  2. Marks v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918
  3. J. T. Fargason Co. v. DriverSupreme Court of Arkansas · 1926

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