McClintock v. Lary
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court. Hon. Leu B. Green, Circuit Judge. The court clearly erred in refusing to permit the defendant to prove that if, after the accident, the cotton had been shipped, by the established custom, it would be at the risk of the shipper, and could not be covered by insurance, either by the open policy of the boat, or by any other policy.
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Appeal from Lafayette Circuit Court. Hon. Leu B. Green, Circuit Judge. The court clearly erred in refusing to permit the defendant to prove that if, after the accident, the cotton had been shipped, by the established custom, it would be at the risk of the shipper, and could not be covered by insurance, either by the open policy of the boat, or by any other policy. “ The custom of the place is to be observed,’' (6 Co. 60.) and the“proof of the established custom would have released the defendant from all clairft for damages. The sea-worthiness'of the boat of a carrier is implied in the…
1Opinion of the CourtChief Justice English
In the spring of the year, 1856, the steam-boat R. M. Jones, was running in the Orleans and upper Red river trade. About the 12th of March, on her up trip, she stopped at a landing called Conway, in Lafayette county, where Thomas R. McClintock, a Red river planter, had 200 bales of cotton ready for shipment, and made a contract with his agent, which he afterwards approved, to carry the cotton to New Orleans, on her down trip, at §4 50 per bale; and her clerk made a memorandum of the contract in a book kept for such purposes. After the contract was made, she went up the river to her point of…
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