Loewenberg v. Railway Co.
Supreme Court of Arkansas
.Appeal from Clark’Circuit Court. This was a suit in replevin by I. Loeweuberg against the Arkansas & Louisiana Railway Co. to recover possession of a car load of stoves and damages for unlawful detention thereof.
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.Appeal from Clark’Circuit Court. This was a suit in replevin by I. Loeweuberg against the Arkansas & Louisiana Railway Co. to recover possession of a car load of stoves and damages for unlawful detention thereof. The facts are stated in the opinion. 1. The act of February 27, 1885, is valid as a mere police regulation. 49 Ark. 201; 12 S. W. Rep. 1002. 2. The lien of a carrier for freight depends on contract with the owner ; the lien need not be mentioned in the contract, but there must be a contract of carriage on which it may rest. A wrongdoer cannot confer on the carrier the right to…
1Opinion of the CourtHemingway, J.
i. i,ien 0f freight,
The court below found the facts in the case as follows : That the plaintiff purchased a car load of stoves at Hvansville, Indiana, for shipment to Nashville, Arkansas ; that they were delivered at Hvansville to the Ohio Valley Railway Company which issued a through bill of lading at a guarantied rate of 78 cents per hundred pounds ; that to complete the carriage 'it was necessary that the freight be transported ever several connecting lines before it reached Hope, Arkansas, where it was received by the defendant for carriage to the place of consignment; that the defendant…
2Cases cited2 opinions
- Wolf v. HoughSupreme Court of Kansas · 1879
- Railway Co. v. LearSupreme Court of Arkansas · 1891
3Cited by8 opinions
- Bell v. Bank of CaliforniaCalifornia Supreme Court · 1908
- Little Rock & Fort Smith Railway Co. v. BlewittSupreme Court of Arkansas · 1898
- Adams & McKee Land Co. v. DuganCalifornia Court of Appeal · 1924
- Illinois Central Railroad v. Brookhaven Machine Co.Mississippi Supreme Court · 1893
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
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