Legal Opinion

Missouri & North Arkansas Railroad v. Pullen

Supreme Court of Arkansas

Decided April 19, 1909PublishedCited by 3 opinions

Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Appellant, as a connecting carrier, is entitled to the benefit of all the valid stipulations and conditions contained in the contract of appellee with the St. Louis' & San Francisco Railroad Company. 39 Ark. 149; 50 Ark. 397. This contract provides for written notice within one day after delivery of stock at destination, a reasonable requirement. 63 Ark. 135; 82 Ark. 357. And the burden was on appellee to show that…

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Appeal from Boone Circuit Court; Brice B. Hudgins, Judge; 1. Appellant, as a connecting carrier, is entitled to the benefit of all the valid stipulations and conditions contained in the contract of appellee with the St. Louis' & San Francisco Railroad Company. 39 Ark. 149; 50 Ark. 397. This contract provides for written notice within one day after delivery of stock at destination, a reasonable requirement. 63 Ark. 135; 82 Ark. 357. And the burden was on appellee to show that -he gave notice within the time. Id. 2.. Appellee was given free transportation and accompanied the stock. In…

1Opinion of the CourtFrauenthal, J.

On February 15, 1907, the plaintiff, B. B. Pullen, delivered for carriage at Mayfield, Ky., to the Illinois Central Railroad Company household goods and a number of of head of livestock, and on that day that company, in consideration of $100 then paid to it by plaintiff, executed to him a written contract, by which it agreed to carry said goods and stock from Mayfield, Kentucky, to Harrison, Arkansas. The goods and stock were shipped in one car, and were transported to Memphis, Tennessee, by the Illinois Central Railroad Company, and thence to Seligman, Missouri, by the St. Louis & San…

2Cases cited3 opinions

  1. Kansas City, Pittsburg & Gulp Railroad v. PaceSupreme Court of Arkansas · 1901
  2. St. Louis & North Arkansas Railroad v. WilsonSupreme Court of Arkansas · 1908
  3. St. Louis, Iron Mountain & Southern Railway Co. v. RandleSupreme Court of Arkansas · 1908

3Cited by3 opinions

  1. Pecos & N. T. Ry. Co. v. MeyerCourt of Appeals of Texas · 1913
  2. St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
  3. Atlas Insurance v. RobisonSupreme Court of Arkansas · 1910

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