St. Louis, Iron Mountain & Southern Railway Co. v. Cumbie
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon. Judge; statement by the court. This suit was instituted by the plaintiff, R. C. Cumbie, and others, against the defendant, the St. Louis, Iron Mountain & Southern Railway Company, to recover damages to a shipment of peaches.
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Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon. Judge; statement by the court. This suit was instituted by the plaintiff, R. C. Cumbie, and others, against the defendant, the St. Louis, Iron Mountain & Southern Railway Company, to recover damages to a shipment of peaches. It was alleged that R. C. Cumbie was the duly selected, appointed and acting agent for all of the plaintiffs, and as such made and entered into the contract for such shipment for their use and benefit. That he delivered to the defendant, at Greenwood, Arkansas, four hundred and ninety six-basket crates…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended here, first, that the court erred in its remark to the jury relative to the proper construction to be placed upon said instruction No. 2 and in stating that the consignee’s refusal to accept the peaches in their damaged condition would not be a bar to plaintiff’s right to recover, etc.
It is true, our court has said: “A common carrier is liable in damages for a negligent delay in the transportation of property, but the owner can not, on account of unreasonable delay in the delivery, refuse to receive the goods and sue as for a conversion.”…
2Cases cited3 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Railway Co. v. ClarkSupreme Court of Arkansas · 1894
- Chicago, Rock Island & Pacific Railway Co. v. NueschSupreme Court of Arkansas · 1911
3Cited by12 opinions
- Fredenburgh v. Allied Van Lines, Inc.New Mexico Supreme Court · 1968
- E. H. Emery & Co. v. Wabash RailroadSupreme Court of Iowa · 1918
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- Chicago, R. I. & G. Ry. Co. v. DaltonCourt of Appeals of Texas · 1915
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