Chicago, Rock Island & Pacific Railway Co. v. Miles
Supreme Court of Arkansas
Appeal from Rogan Circuit Court; Jeptha H. Evans, Judge; STATEMENT OE EACTS. The appellee sued appellant for damages which he alleged resulted to him by reason of the negligent failure of appellant to deliver a carload of Hereford cattle at Brady, Texas, on or before April 18, 1908. Appellee alleged that, before entering into the contract with appellant to deliver the cattle at Brady, he notified appellant that it was necessary for the cattle to be a Brady on or before the…
Read the full summary
Appeal from Rogan Circuit Court; Jeptha H. Evans, Judge; STATEMENT OE EACTS. The appellee sued appellant for damages which he alleged resulted to him by reason of the negligent failure of appellant to deliver a carload of Hereford cattle at Brady, Texas, on or before April 18, 1908. Appellee alleged that, before entering into the contract with appellant to deliver the cattle at Brady, he notified appellant that it was necessary for the cattle to be a Brady on or before the 18th of April, 1908, in order that they might be sold at a public auction sale to take place on that day, and that…
1Opinion of the CourtWood, J.
(after stating the facts). 1. It is wholly immaterial, under the evidence in this case, whether the -cattle were shipped under an -oral or written contract. Eor in either case appellant would be liable for any damages to appellee caused through its negligence- or the negligence of .connecting carriers. If appellant or connecting carriers failed to exercise -ordinary care in the transportation of the cattle, resulting in delays by reason of which the cattle failed to reach their destination in -a reasonable time after they were delivered to appellant for shipment, then appellant -would be…
2Cases cited9 opinions
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
- James v. JamesSupreme Court of Arkansas · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Jonesboro, Lake City & Eastern Railroad v. DunavantSupreme Court of Arkansas · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. DunnSupreme Court of Arkansas · 1910
- Julius Kessler & Co. v. Southern Railway Co.Court of Appeals of Kentucky · 1923
6 more not listed; retrieve them via the Exa API.