Southern Express Co. v. Hill
Supreme Court of Arkansas
Appeal from Howard Circuit Court; lames S. Steel, Judge; STATEMENT BY THE COURT. Appellee sued appellant for the loss of a box of clothing, which he alleged was delivered to appellant at Memphis to be shipped to J. W. Hill at Nashville, Arkansas. Appellee alleged that appellant refused and neglected- to deliver the box of clothing to him at Nashville, Ark. He alleged that the box of clothing was of the value of $210, and prayed for judgment in that sum.
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Appeal from Howard Circuit Court; lames S. Steel, Judge; STATEMENT BY THE COURT. Appellee sued appellant for the loss of a box of clothing, which he alleged was delivered to appellant at Memphis to be shipped to J. W. Hill at Nashville, Arkansas. Appellee alleged that appellant refused and neglected- to deliver the box of clothing to him at Nashville, Ark. He alleged that the box of clothing was of the value of $210, and prayed for judgment in that sum. Appellant denied all material allegations of the complaint, • and set up that the alleged box of clothing was delivered to it marked J,. W.…
1Opinion of the CourtWood, J.
(after stating the facts.) First. One who is injured by the mere negligence of another can not recover at law or in equity any compensation for his injury if he by his own or his agent’s ordinary negligence or willful wrong contributed to produce the injury of which he complains, so that, but for his concurring and co-operating fault, the injury would not have happened to him. Little Rock & F. S. Ry. Co. v. Pankhurst, 36 Ark. 371; Little Rock & F. S. Ry. Co. v. Cavenesse, 48 Ark. 106; Kansas City So. Ry. Co. v. McGinty, 76 Ark. 356. This doctrine of contributory negligence, so often announced…
2Cases cited5 opinions
- Little Rock & Fort Smith Ry. Co. v. CavenesseSupreme Court of Arkansas · 1886
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Little Rock & Ft. Smith Railway Co. v. PankhurstSupreme Court of Arkansas · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. MarshallSupreme Court of Arkansas · 1905
- Kansas City Southern Railway Co. v. McGintySupreme Court of Arkansas · 1905
3Cited by3 opinions
- Kansas City & Memphis Railway Co. v. OakleySupreme Court of Arkansas · 1914
- Woodrum Home Outfitting Co. v. Adams Express Co.West Virginia Supreme Court · 1922
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