Kansas City Southern Railway Co. v. Embry
Supreme Court of Arkansas
Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. This is an action brought by appellee in the Miller Circuit Court against appellant, the Kansas City Southern Railway Company, to recover damages to a piano and sewing machine shipped by plaintiff over defendant’s road.
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Appeal from Miller Circuit Court. Joel D. Conway, Judge. STATEMENT BY THE COURT. This is an action brought by appellee in the Miller Circuit Court against appellant, the Kansas City Southern Railway Company, to recover damages to a piano and sewing machine shipped by plaintiff over defendant’s road. The complaint alleges, in substance, that on September 13, 1901, plaintiff shipped a piano and sewing machine from South McAlester, Indian Territory, to Texarkana, Arkansas, bill of lading being issued at South McAlester, Indian Territory, to be delivered at Texarkana, Ark., in good' condition and…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) 1. Counsel for appellant assign as error the ruling of the court in permitting Mrs. Payne, witness for appellee, to testify as to conversation with the railroad agent at South McAlester. She testified that she had no knowledge of an indorsement made on the bill of lading by agent reducing, in case of loss, the value of the articles down to $5 per hundredweight; denied that she received reduced freight rate on the shipment; and stated that the agent said to her:. “We are responsible for your goods or any damage to your goods.” Counsel also contend that…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis Southwestern Railway Co. v. BirdwellSupreme Court of Arkansas · 1904
3Cited by4 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. RenfroeSupreme Court of Arkansas · 1907
- Gibson v. Little Rock & Hot Springs Western Railway Co.Supreme Court of Arkansas · 1910
- Midland Valley Railroad v. HaleSupreme Court of Arkansas · 1908