St. Louis, Iron Mountain & Southern Railway Co. v. Ozier
Supreme Court of Arkansas
Appeal from Boone Circuit Court; Brice B. Hudgins. Judge; Notwithstanding the verdict is smaller than the amount claimed, improper items of damage were included therein. No foundation was laid for a measure of damages, and the court erred in fixing the same in its instruction.
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Appeal from Boone Circuit Court; Brice B. Hudgins. Judge; Notwithstanding the verdict is smaller than the amount claimed, improper items of damage were included therein. No foundation was laid for a measure of damages, and the court erred in fixing the same in its instruction. For correct rule see 74 Ark. 358. An instruction that if the plaintiff applied to defendant for cars, and it failed to. furnish them in a reasonable time, and by such failure the plaintiff was damaged, “you will find for the plaintiff in whatever sum you find from the evidence he was damaged by such failure,” is…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by appellee against appellant railway company to recover damages resulting from failure of the company to furnish cars for shipment of sheep and hogs from Bergman, a station on appellant’s road. Appellee made the request for cars on October 19, 1906, to be furnished on the twenty-first day of the same month, and the cars were not furnished until October 30th, the alleged injury to the sheep and hogs occurring in the meantime on account of the delay.
Appellee lived ten miles from the station, and communicated the request for cars by telephone. The telephone call was…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Wynne Hoop & Cooperage Co.Supreme Court of Arkansas · 1907
- Choctaw, Oklahoma & Gulf Railroad v. RolfeSupreme Court of Arkansas · 1905
3Cited by3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. Planters' Gin & Oil Co.Supreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. LederSupreme Court of Arkansas · 1908