St. Louis Southwestern Railway Co. v. Kilberry
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The second clause of the contract is a clear stipulation against liability on the part of this appellant for loss or damage occurring on any other line than its own, and such stipulations are upheld by the courts. Hutchinson on Car. (3 Ed.), § § 232-4; 6 Am. & Eng. Enc. of L. 639; 6 Cyc. 480; 16 Am. & Eng.
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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; 1. The second clause of the contract is a clear stipulation against liability on the part of this appellant for loss or damage occurring on any other line than its own, and such stipulations are upheld by the courts. Hutchinson on Car. (3 Ed.), § § 232-4; 6 Am. & Eng. Enc. of L. 639; 6 Cyc. 480; 16 Am. & Eng. R. Cas. .229. In .order to bind the carrier for liability over the entire route, the intention must clearly appear from the contract. It will not be inferred from the absence of limitations or from doubtful expressions. 35…
1Opinion of the CourtMcCueeoch, J.
The plaintiffs instituted this action against the St. Louis Southwestern Railway Company and St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries to a lot of horses and cattle. The cars containing the stock were shipped from St. Louis, Mo., under a bill of lading issued by the first-named company, commonly called the “Cotton Belt Road,” to De Witt, Arkansas, a station on the line of that road. The Cotton Belt had no .railroad out of St. Louis at that time, and the cars of stock were transported by the other company over its lines from St. Louis to Delta,…
2Cases cited4 opinions
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- Jones v. RailwaySupreme Court of Arkansas · 1890
- Kansas City, Fort Scott & Memphis Railroad v. WashingtonSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. PhilpotSupreme Court of Arkansas · 1903
3Cited by11 opinions
- Clear Creek Oil & Gas Co. v. BushmaierSupreme Court of Arkansas · 1924
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Kansas City & Memphis Railway Co. v. OakleySupreme Court of Arkansas · 1914
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