Chicago, Rock Island & Pacific Railway Co. v. Nuesch
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; Appellee’s only excuse for not accepting the potatoes -and for abandoning them was the alleged negligent delay of appellant in delivering them at destination. This is not shown in the proof. There is no evidence to show how long it should take to carry and unload a shipment of potatoes from Malvern to Tittle Rock, nor even any testimony as to the time customarily taken to transport goods between these points.
Read the full summary
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; Appellee’s only excuse for not accepting the potatoes -and for abandoning them was the alleged negligent delay of appellant in delivering them at destination. This is not shown in the proof. There is no evidence to show how long it should take to carry and unload a shipment of potatoes from Malvern to Tittle Rock, nor even any testimony as to the time customarily taken to transport goods between these points. Hutchinson on Carriers, (3 ed.) § 652; 83 S. W. 82. A carrier can not be charged with conversion for a delay, however long,…
1Opinion of the CourtWood, J.
Appellee on November 21, 1910, shipped 120 bushels of sweet potatoes from Malvern to Tittle Rock, Ark.. over appellant’s road, consigned to one M. Davis. Davis lived at Malvern, and was employed by appellee to come to Little Rock to receive the potatoes as his agent, and there to sell same at retail prices just before Thanksgiving day. Davis arrived at Little Rock on November 22, 1910. He testified as follows:
“As soon as I got off the train, I went to the depot, and presented my bill of lading, and asked if the potatoes were there, and they said no, and said for me to come around about one…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- McCrary v. Chicago & Alton RailroadMissouri Court of Appeals · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. TownesSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway v. MudfordSupreme Court of Arkansas · 1884
3Cited by4 opinions
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Wells Fargo & Co. Express v. HarwellSupreme Court of Arkansas · 1913