St. L., I. M. & S. Railway v. Heath
Supreme Court of Arkansas
APPEAL from Lawrence circuit court. Hon. E. H. Powell, Circuit Judge. 1. The justice had no jurisdiction to try the case. 8ec., 40, Art. VII, p. 29, Const. 1874. 2. There is no allegation that the damages alleged ever grew out of, or arose from or by virtue of any contract •expressed or implied.
Read the full summary
APPEAL from Lawrence circuit court. Hon. E. H. Powell, Circuit Judge. 1. The justice had no jurisdiction to try the case. 8ec., 40, Art. VII, p. 29, Const. 1874. 2. There is no allegation that the damages alleged ever grew out of, or arose from or by virtue of any contract •expressed or implied. The complaint must state all facts necessary to give jurisdiction ; there can be none by intendment. 34 Ark., 532 ; 36 lb., 272. 3. There is no allegation that any demand was ever made, ■and until demand and refusal to deliver, no right of accrued. Dooley bn Torts, p. 452-, 1 Addison on Torts, sec.…
1Opinion of the CourtSmith, J.
1. COM-j^rGar~ dellvj"|* o able time. . Heath sued the railway company a before a justice of the peace for $100, damages alleged to have been •sustained by him by reason of the detention of certain goods of his. To his complaint he attached his bill of lading,, from which it appeared that the company had received the goods to Cairo, in Illinois, and had undertaken to transfer them to Walnut Ridge, in Arkansas. The plaintiff alleged that the defendant’s servants had negligently carried the goods beyond their place of destination, in consequence-of which they were not delivered to him for a…
2Cases cited1 opinion
- Baltimore & Ohio Railroad v. PumphreyCourt of Appeals of Maryland · 1883
3Cited by2 opinions
- Thompson v. WillardSupreme Court of Arkansas · 1899
- Jonesboro, Lake City & Eastern Rd. v. DavenportSupreme Court of Arkansas · 1918