Kansas City Southern Railway Co. v. Carl
Supreme Court of Arkansas
Appeal from Benton Circuit Court; /. 5\ Maples, Judge; statement by the court. This is an action to recover damages for loss of a box of household goods shipped from Lawton, Oklahoma, to Gentry, Arkansas. The suit was brought before a justice of the peace in Benton County, Arkansas, and judgment was rendered in favor of the plaintiff. The case was duly appealed to the Benton Cir- ■ cuit Court.
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Appeal from Benton Circuit Court; /. 5\ Maples, Judge; statement by the court. This is an action to recover damages for loss of a box of household goods shipped from Lawton, Oklahoma, to Gentry, Arkansas. The suit was brought before a justice of the peace in Benton County, Arkansas, and judgment was rendered in favor of the plaintiff. The case was duly appealed to the Benton Cir- ■ cuit Court. On a trial anew in that court, the plaintiff testified that on October 8, 1907, he delivered to the Chicago, Rock Island & Pacific Railway Company at Lawton, Oklahoma, two boxes and one barrel,…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for appellant urge that upon the undisputed evidence the court should have directed a verdict for appellant. They rely for a reversal on the clause in the contract with the initial carrier limiting the liability as to value in case of loss. They contend that the stipulations restricting the liability in case of loss were made for their benefit as well as for the benefit of the initial carrier, and base their contention on our decisions to that effect in the cases of St. Louis, I. M. & S. Ry. Co. v. Weakley, 50 Ark. 406; St. Louis & S. F. Rd. Co. v. Burgin,…
2Cases cited9 opinions
- Southern Pacific Co. v. CrenshawCourt of Appeals of Georgia · 1909
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- Smeltzer v. St. Louis & S. F. R.U.S. Circuit Court for the District of Western Arkansas · 1908
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- St. Louis Southwestern Railway Co. v. BirdwellSupreme Court of Arkansas · 1904
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- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- Des Arc Oil Mill v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
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