Hafer v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Craighead Circuit Court; Frank Smith, Judge; The clause of the contract limiting the right of bringing suit to six months is invalid in that it abridges, modifies and limits the statutory liability of the defendant as a common carrier, and is inconsistent with such statutory liability.
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Appeal from Craighead Circuit Court; Frank Smith, Judge; The clause of the contract limiting the right of bringing suit to six months is invalid in that it abridges, modifies and limits the statutory liability of the defendant as a common carrier, and is inconsistent with such statutory liability. Acts 1907, p. 557, § § 1 and 2; 3 L. R. A. 129; Id. 392; 110 N. W. 718; 80 S. W. 488; 36 S. W. 18; 38 S. W. 862. The clause of the contract in question is reasonable and valid, and is not a limitation upon the common-law or statutory liability of the carrier. The court was therefore right in…
1Opinion of the CourtFrauenthal, J.
This was a suit brought by E. E. Hafer, the plaintiff below, to recover damages to a shipment of cattle, while being transported by defendant as a common carrier. It was alleged that the damages were caused by the negligent delay of defendant in the carriage of the cattle. The cattle were shipped, and the damages incurred, on January 5, 1910, and this action was instituted on September 8, 1910.
The defendant denied every material allegation of negligence in the transportation of the cattle, and also pleaded as a bar to the action the terms of the written contract of shipment under which the…
2Cases cited8 opinions
- Express Co. v. CaldwellSupreme Court of the United States · 1875
- Queen of the PacificSupreme Court of the United States · 1901
- Ward v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1900
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Amalgamated Casualty Insurance v. HelmsCourt of Appeals of Maryland · 1965
- United States v. Seaboard Air Line Ry. Co.Court of Appeals for the Fourth Circuit · 1927
- City of Hot Springs v. National Surety Co.Supreme Court of Arkansas · 1975
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
- Thigpen v. . R. R.Supreme Court of North Carolina · 1922
4 more not listed; retrieve them via the Exa API.