St. Louis, Iron Mountain & Southern Railway Co. v. Shepherd
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Geo. W. Reed, Judge; STATEMENT BY THE COURT. This is an .action by C. W. Shepherd against the St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been .sustained in a shipment of cattle from Bergman, Arkansas, to Kansas City, Missouri.
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Appeal from Boone Circuit Court; Geo. W. Reed, Judge; STATEMENT BY THE COURT. This is an .action by C. W. Shepherd against the St. Louis, Iron Mountain & Southern Railway Company to recover damages alleged to have been .sustained in a shipment of cattle from Bergman, Arkansas, to Kansas City, Missouri. The facts are as follows: On the 9th day of November, 1912, >C. W. Shepherd entered into a written contract with the railroad company for the shipment of the cattle, in which the railroad company is called “the first party” and Shepherd “the second party.” The contract recites that the rate…
1Opinion of the Court
Hart, J.,
(after stating the facts). In the case of Cumbie v. St. Louis, I. M. & S. Ry. Co., 105 Ark. 406, the court held that a provision in a bill of lading of fruit that a written notice of intention to claim damages should be presented to the carrier within thirty-six hours after notice to the consignee of arrival of the fruit at the place of delivery is not unreasonable, as it is the consignor’s duty to have the consignee, or an agent, at the destination 'to ascertain the condition of the fruit. See also St. Louis & S. F. Rd. Co. v. Pearce, 82 Ark. 353. A stipulation in a contract for the…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. JacobsSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Hall Contracting Corporation v. Entergy Services, Inc.Court of Appeals for the Eighth Circuit · 2002
- St. Louis, Iron Mountain & Southern Railway Co. v. Laser Grain Co.Supreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. NunleySupreme Court of Arkansas · 1915
- Chicago, R. I. & G. Ry. Co. v. DaltonCourt of Appeals of Texas · 1915
- Hall Contracting v. Entergy ServicesCourt of Appeals for the Eighth Circuit · 2002