St. Louis Southwestern Railway Co. v. Henson
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro, District. James E. Riddick, Judge. 1. Appellant was not a bailee, nor a carrier of the property. 2 Kent, 558. Appellant could only be held for a willful destruction. 17 Mass. 479. But the loss was the result of the negligence of appellee’s fellow servants, for which appellant is not liable. 46 Ark. 555; 51 id. 467; 10 S. W. 529. . Nor was appellant liable for articles other than those necessary to be used in boarding cars, such…
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Appeal from Craighead Circuit Court, Jonesboro, District. James E. Riddick, Judge. 1. Appellant was not a bailee, nor a carrier of the property. 2 Kent, 558. Appellant could only be held for a willful destruction. 17 Mass. 479. But the loss was the result of the negligence of appellee’s fellow servants, for which appellant is not liable. 46 Ark. 555; 51 id. 467; 10 S. W. 529. . Nor was appellant liable for articles other than those necessary to be used in boarding cars, such as jewelry, merchandise, etc. 29 Minn. 160; 73 111. 348 ; 23 Am. St. 126. The verdict, as to the items of ring, gun,…
1Opinion of the CourtWood, J.
The plaintiff seeks to recover for injuries to person and for loss of property which he says were caused by defendant’s negligence. Defendant admitted the negligence, but says it was the negligence of fellow servants; and, furthermore, as to the loss of property, that defendant was in no sense plaintiff’s bailee, and in no sense liable.
The plaintiff was foreman of a bridge and building gang, whose business was to repair bridges, culverts and trestles. As a part of the necessary and customary equipment for such work, plaintiff was furnished with boarding cars, in which he lived, and boarded…
2Cases cited2 opinions
- Railway Co. v. TriplettSupreme Court of Arkansas · 1891
- St. Louis, Arkansas & Texas Railway Co. v. WelchTexas Supreme Court · 1888
3Cited by14 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Citizens' Nat. Bank of Jasper v. Ratcliff & LanierTexas Commission of Appeals · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. BrownSupreme Court of Arkansas · 1899
- Graham v. ThrallSupreme Court of Arkansas · 1910
- Union Compress Co. v. NunnallySupreme Court of Arkansas · 1899
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