St. Louis, Iron Mountain & Southern Railway Co. v. Burrow
Supreme Court of Arkansas
Appeal from Pope Circuit Court; Hugh Basham, Judge; statement by the court. This suit was brought against the railway company to recover for loss of -cotton by fire after -it had been delivered for shipment. The answer of the railway company denies that the cotton was delivered to it, or that it agreed to transport.it. There was a verdict and judgment in favor of the plaintiffs for $2,411, and interest from June 20, 1905, at 6 per -cent, until paid.
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Appeal from Pope Circuit Court; Hugh Basham, Judge; statement by the court. This suit was brought against the railway company to recover for loss of -cotton by fire after -it had been delivered for shipment. The answer of the railway company denies that the cotton was delivered to it, or that it agreed to transport.it. There was a verdict and judgment in favor of the plaintiffs for $2,411, and interest from June 20, 1905, at 6 per -cent, until paid. Judgment was accordingly entered, and the cause is here on appeal. The facts necessary to a proper understanding of the assignments of error are…
1Opinion of the Court
Hart, J.,
(after stating the facts.) The first .assignment of error is that the court erred in giving instruction No. 5 to the jury. It reads as follows:
“If you find from the evidence that Burrow & Company tendered the cotton to defendant for immediate shipment and deposited the cotton on defendant’s platform for loading into cars, and that defendant, through its .agents, assented to such delivery and received the cotton into its care and custody upon its platform in preparation to loading it into cars for transportation after it had been checked over and bills of lading had been issued for…
2Cases cited3 opinions
- Pine Bluff & Arkansas River Railway Co. v. McKenzieSupreme Court of Arkansas · 1905
- Garner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. LederSupreme Court of Arkansas · 1908
3Cited by2 opinions
- Arkansas Blue Cross & Blue Shield v. RemagenCourt of Appeals of Arkansas · 1988
- Burke Construction Co. v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1919