Saint Louis Southwestern Railway Co. v. Stringer
Supreme Court of Arkansas
Appealed from Craighead Circuit Court, Jonesboro District. The stipulation in the side track agreement exempting appellant from liability is valid. 46 Ark. 238; 24 L. R. A. 647; 70 Fed. 201; 64 L. R. A. 81; 40 L. R. A. 101; 3 Am. & Eng. Enc. Law 875; 193 U. S. 442; 192 U. S. 448; 113 Fed. 508; 87 Am. Dec. 260; 150 Mass. 365. Appellant was liable, notwithstanding the stipulation. Hutch.
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Appealed from Craighead Circuit Court, Jonesboro District. The stipulation in the side track agreement exempting appellant from liability is valid. 46 Ark. 238; 24 L. R. A. 647; 70 Fed. 201; 64 L. R. A. 81; 40 L. R. A. 101; 3 Am. & Eng. Enc. Law 875; 193 U. S. 442; 192 U. S. 448; 113 Fed. 508; 87 Am. Dec. 260; 150 Mass. 365. Appellant was liable, notwithstanding the stipulation. Hutch. Car. 260; 17 Wall. 357; Clark, Contr. 468; 47 Ark. 97; 57 Ark. 112, 127; 32 Ark. 398; Cooley, Torts,-687; 58 Miss. 9x1; 11 S. E. 829; Bishop, Contr. 473.
1Opinion of the CourtHiee, C. J.
Stringer sued the railway company, charging that in the operation of one of its trains it. negligently killed a horse belonging to him. The railway company denied negligence, and pleaded a contract which it claimed exempted it from liability. The court excluded the contract, and it is admitted that otherwise the case was properly submitted to the jury, and that there is evidence to sustain the verdict in favor of Stringer for the value of his horse.
The only question, therefore, for determination is the appli-cablity and effect of the contract in question. The railroad agreed to lay for…
2Cases cited2 opinions
- Rogers v. Galloway Female CollegeSupreme Court of Arkansas · 1898
- Stewart v. . PatrickNew York Court of Appeals · 1877