Missouri Pacific Railroad v. Fuqua
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The appellant is only liable to ordinary care as a warehouseman. 27 R. C. L. Sec. 53; 136 Am. Rep. 243; 6 Am. St. Rep. 602; 1 Am. St. Rep. 76. It is not an insurer of goods in its care and not liable for their loss by accidental fire. 32 Ark. 225; 42 Ark. 200; 21 Ark. 560; 52 Ark. 30 ; 97 Ark. 288; 90 Ark. 260; 24 Am.
Read the full summary
Appeal from White Circuit Court; J. M. Jackson, Judge; The appellant is only liable to ordinary care as a warehouseman. 27 R. C. L. Sec. 53; 136 Am. Rep. 243; 6 Am. St. Rep. 602; 1 Am. St. Rep. 76. It is not an insurer of goods in its care and not liable for their loss by accidental fire. 32 Ark. 225; 42 Ark. 200; 21 Ark. 560; 52 Ark. 30 ; 97 Ark. 288; 90 Ark. 260; 24 Am. Dec. 143; 40 Cyc. 432. It must be shown by the proof that there was negligence on the part of appellant or its servants. 27 R. C. L. Sec. 53; 49 Am. Rep. 430; 35 Am. Rep. 263; 24 L. R. A. (N. S). 1117; 61. Am. Dec. 423. When…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the White Circuit Court to recover $300 for a suitcase and its contents, alleged to have been destroyed by fire on the 7th day of April, 1920, through the negligence of appellant in failing to remove it after discovering that its depot at Little Rock was on fire.
Appellee filed an answer, denying the material allegations of the complaint, but pleaded in the alternative that, should appellee be permitted to recover the amount, it should be limited to a maximum of $25, as per stipulation in the check issued to him when he left the suitcase in storage.
2Cases cited1 opinion
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
3Cited by11 opinions
- Klar v. H. & M. Parcel Room, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
- Ringling Bros.-Barnum & Bailey Combined Shows, Inc. v. OlveraCourt of Appeals for the Ninth Circuit · 1941
- Jones v. Great Northern Railway Co.Montana Supreme Court · 1923
- Hackney v. Southwest Hotels, Inc.Supreme Court of Arkansas · 1946
- Brown v. HinesMissouri Court of Appeals · 1923
6 more not listed; retrieve them via the Exa API.