St. Louis, Iron Mountain & Southern Railway Co. v. Wood
Supreme Court of Arkansas
Appeal from Marion Circuit Court; Brice B. Hudgins, Judige; STATEMENT BY THE COURT. The appellees sued appellant, alleging that appellant entered into a contract with them to deliver a carload of cattle at Kansas City, Mo., to their consignee, the.
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Appeal from Marion Circuit Court; Brice B. Hudgins, Judige; STATEMENT BY THE COURT. The appellees sued appellant, alleging that appellant entered into a contract with them to deliver a carload of cattle at Kansas City, Mo., to their consignee, the. National Stock Commission; that, instead, appellant delivered the cattle to the same consignee at Bast St. Louis, 111.; that by reason of this diversion from Kansas City to St. Louis appellant failed to perform its contract, and thereby damaged appellees as follows: $55 additional freight charge, $300 difference in market price between Kansas City…
1Opinion of the Court
Wood, J.,
(after stating the facts). First. The appellees cannot recover for the following reasons: (1) The undisputed evidence shows that appellant could not perform its contract to transport the cattle to Kansas City because of an act of God. The flood that washed away appellant’s track was an act of God within the exception to the carrier’s liability as an insurer of freight in his hands for transportation. Packard v. Taylor, 35 Ark. 402; Little Rock, M. R. & T. Ry. Co. v. Talbot, 47 Ark. 97. (2) The undisputed evidence shows that appellees, after being advised of the conditions that made…
2Cases cited2 opinions
- Packard v. Taylor, Cleveland & Co.Supreme Court of Arkansas · 1880
- L. R., M. R. & T. Ry. v. Talbot & Co.Supreme Court of Arkansas · 1885
3Cited by5 opinions
- Fort Worth & D. C. Ry. Co. v. LemonsCourt of Appeals of Texas · 1924
- Jonesboro, Lake City & Eastern Railroad v. DunavantSupreme Court of Arkansas · 1915
- St. Louis-San Francisco Railway Co. v. Ozark White Lime Co.Supreme Court of Arkansas · 1928
- Mays v. Missouri North Arkansas Railroad Co.Supreme Court of Arkansas · 1925
- Fort Worth & D. C. Ry. Co. v. LemonsCourt of Appeals of Texas · 1924