Barrett v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; George W. Ciarle, Judge; Plaintiff was not required to file a claim. 63 Ark. 332; 105 Ark. 406. The title never passed to the consignee. The question of the intention of the parties should have been submitted to the jury. Ill Ark. 524; 112 Ark. 117; 118 Ark. 21; 121 Ark. 290; 123 Ark. 67; 128 Ark. 128; 137 Ark. 401. The failure to file a claim as provided in the bill of lading is a complete bar to plaintiff’s right to recover. 36 Sup.
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Appeal from Monroe Circuit Court; George W. Ciarle, Judge; Plaintiff was not required to file a claim. 63 Ark. 332; 105 Ark. 406. The title never passed to the consignee. The question of the intention of the parties should have been submitted to the jury. Ill Ark. 524; 112 Ark. 117; 118 Ark. 21; 121 Ark. 290; 123 Ark. 67; 128 Ark. 128; 137 Ark. 401. The failure to file a claim as provided in the bill of lading is a complete bar to plaintiff’s right to recover. 36 Sup. Court Bep. p. 542; 148 Ark. 118. The plaintiff was not a proper party to bring the action. 105 Ark. 53; 128 Ark. 124.
1Opinion of the CourtMcCulloch, C. J.
This is an action to recover the value of a consignment of sweet potatoes delivered to the St. Louis Southwestern Railway Company at Keevil in Monroe County, Arkansas, for shipment to Helena, Arkansas. The said railway company as the initial carrier issued a bill of lading to appellant, and the consignment was to be transported over that road from Keevil to Clarendon and thence over the line of the Missouri Pacific Railroad Company to Helena. Both of the railroad companies were joined as defendants, also the Director Gteneral. It appears, however, from the testimony in the case that the…
2Cases cited4 opinions
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Warren & Ouachita Valley Railway Co. v. Southern Lumber Co.Supreme Court of Arkansas · 1914
- Georgia Marble Finishing Works v. MinorSupreme Court of Arkansas · 1917
3Cited by1 opinion
- St. Louis-San Francisco Railway Co. v. AllisonSupreme Court of Arkansas · 1923