Legal Opinion

Jonesboro, Lake City & Eastern Railroad v. Adams

Supreme Court of Arkansas

Decided February 15, 1915PublishedCited by 6 opinions

Appeal from Mississippi Circuit Court, Chiekasawba District; W. J. Driver, Judge; 1. The act, Acts 1909, page 1131, is unconstitutional. Const. 1874, art. 2, § 18; 58 Fla. 255, 19 Ann. Cas. 235; 110 Ark. 204; 5 Pac. 9(27; 38 L. E. A. 561; 26 L. E, A. (N. S.) 794. If the act is unconstitutional, sections 3618-19-20, of Kirby’s Digest, and Act No. 37 of 1905, are still in effect.

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Appeal from Mississippi Circuit Court, Chiekasawba District; W. J. Driver, Judge; 1. The act, Acts 1909, page 1131, is unconstitutional. Const. 1874, art. 2, § 18; 58 Fla. 255, 19 Ann. Cas. 235; 110 Ark. 204; 5 Pac. 9(27; 38 L. E. A. 561; 26 L. E, A. (N. S.) 794. If the act is unconstitutional, sections 3618-19-20, of Kirby’s Digest, and Act No. 37 of 1905, are still in effect. The contract -of .shipment was in violation of law, and appellant is not liable for the failure of its -connecting carrier to make delivery. 103 Ark. 288. 2. Even if the act is constitutional, appellant is not liable…

1Opinion of the CourtMcCulloch, C. J.

Appellees, Adams, MeMasters and Eice, instituted separate actions against appellant to recover the value of barrels of wild ducks consigned from Manila, Arkansas, to Chicago. The ducks were killed on Big-Lake in Mississippi County, Arkansas, and shipped on through bill of lading .from Manila, a point on appellant’s line of road. Appellant received the consignments and transported .the saíne to Blytheville and delivered them to the Wells Fargo & Co. Express, the last named carrier transporting the .shipment to Chicago. The ducks were seized at Chicago and confiscated by a game warden acting…

2Cases cited3 opinions

  1. Lewis v. StateSupreme Court of Arkansas · 1913
  2. Eager v. Jonesboro, Lake City & Eastern Express Co.Supreme Court of Arkansas · 1912
  3. Union Sawmill Co. v. FelsenthalSupreme Court of Arkansas · 1908

3Cited by6 opinions

  1. Sims v. AhrensSupreme Court of Arkansas · 1925
  2. State ex rel. Greenberg v. EricksonSupreme Court of Minnesota · 1924
  3. In Re MakingsCalifornia Supreme Court · 1927
  4. Merritt v. GravenmierSupreme Court of Arkansas · 1925
  5. Crabtree v. StateSupreme Court of Arkansas · 1916

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