St. Louis Southwestern Railway Co. v. Arkadelphia Milling Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; G. B. Haynie, Judge; STATEMENT BY THE COURT. Appellant instituted this suit .against the appellee to recover for demurrage on two certain cars, and unloading one of said cars, the ¡amount of $33. The answer denied liability and set up, in part, as follows: “ That one L. L. Hamlin had a contract with this defendant to deliver it :a large number of staves and was manufacturing said staves near the Ouachita River north of Camden; that he shipped…
Read the full summary
Appeal from Clark Circuit Court; G. B. Haynie, Judge; STATEMENT BY THE COURT. Appellant instituted this suit .against the appellee to recover for demurrage on two certain cars, and unloading one of said cars, the ¡amount of $33. The answer denied liability and set up, in part, as follows: “ That one L. L. Hamlin had a contract with this defendant to deliver it :a large number of staves and was manufacturing said staves near the Ouachita River north of Camden; that he shipped a large quantity of these staves by boat to Camden, Ark., and unloaded them on .a wharf near the tracks of the…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The appellee contends that the undisputed evidence shows that the appellee was not the owner of the staves on which the demurrage is claimed until the staves had been delivered to it on board the oars of the St. Louis, Iron Mountain & Southern Railway Company at Camden, or Lester, Arkansas. Under the evidence, this was a question of fact for the jury, and not one of law for the court. There was testimony on behalf of the appellant from which a jury would have been warranted in finding that the appellee had waived the provision of the contract with…
2Cases cited3 opinions
- Louisville & Nashville Railroad v. Central Stock Yards Co.Supreme Court of the United States · 1909
- Little Rock & Ft. Smith Railway Co. v. OppenheimerSupreme Court of Arkansas · 1897
- St. Louis, Iron Mountain & Southern Railway Co. v. Dixie Cotton Oil Co.Supreme Court of Arkansas · 1914