Railway Co. v. Neel
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. Suit by C. M. Neel against the St. Bonis, Arkansas & Texas Railway Co. The complaint alleges two causes of action, viz: (1) That plaintiff built a railroad from Rob Roy, a station on defendant’s line of railway, distant seven miles from Pine Bluff, to Swan Bake, in Jefferson county, for the purpose of transporting freight and passengers to and from Pine Bluff.
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Appeal from Jefferson Circuit Court. Suit by C. M. Neel against the St. Bonis, Arkansas & Texas Railway Co. The complaint alleges two causes of action, viz: (1) That plaintiff built a railroad from Rob Roy, a station on defendant’s line of railway, distant seven miles from Pine Bluff, to Swan Bake, in Jefferson county, for the purpose of transporting freight and passengers to and from Pine Bluff. That the railway so built was incorporated as the Pine Bluff & Swan Bake Railway Co., and during the year 1886 was run and operated under said name, the plaintiff being president and chief…
1Opinion of the CourtCockrire, C. J.
The appellee argues that the proof establishes two uncontroverted grounds for recovery of compensation from the railway for damages to his cotton and cotton seed.
1st. Because of the appellant’s violation of the contract entered into between it and the Swan Lake railway.
2d. Because the appellant received the cotton and cotton seed for transportation and thereafter negligently allowed it to be damaged by exposure to the rain and mud.
The first position is untenable, and all the evidence in relation to it should have been excluded from the jury.
The second position is sound if true in fact, but…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
- H. & T. C. R'y Co. v. SmithTexas Supreme Court · 1885
- Witzler v. CollinsSupreme Judicial Court of Maine · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- State Ex Rel. Peters v. HendrySupreme Court of Florida · 1947
- Houston & Texas Central Railway Co. v. Geo. H. McFadden & Bro.Texas Supreme Court · 1897
- Garner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
5 more not listed; retrieve them via the Exa API.