St. Louis & San Francisco Railroad v. Burgin
Supreme Court of Arkansas
Appeal from Washington Circuit Court; J. S. Maples, Judge; statement by the court. Van Burén was in Memphis with three race horses and some household and kitchen furniture, which he desired to ship over the appellant’s road to Rogers, Arkansas.
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Appeal from Washington Circuit Court; J. S. Maples, Judge; statement by the court. Van Burén was in Memphis with three race horses and some household and kitchen furniture, which he desired to ship over the appellant’s road to Rogers, Arkansas. In the forenoon he applied for a car for said purpose, and inquired as to the rate, and was informed that it would be $50 (or, as he once put it, “near $50”). He desired to have his horses placed in one end of the car and his household goods, etc., in the other end, and was told by the agent that such an arrangement could be made. A car was shown to…
1Opinion of the Court
Him,, C. J.,
(after stating the facts.) The issue of fact as to whether the injury was caused by the negligence of the railroad or the owner was properly submitted to the jury, and there are sufficient facts to sustain a verdict upon that issue either way. Hence the court must accept the jury’s finding and assume that it was due to a defect in the platform over which the mare was being loaded under the directions of the appellant which caused the injury.
The court excluded the contract on the alleged ground that it was unjust, unreasonable and oppressive, and refused to allow the same to be…
2Cases cited9 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. LawSupreme Court of Arkansas · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1908
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Ry. Co. v. CaldwellSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.