Little Rock & Fort Smith Railway Co. v. Odom
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. statement by the court. This appeal is to reverse a judgment for $286.90, which appellee recovered of the appellant for an alleged conversion of certain cattle, which appellants agreed to transport under the following- contract: “Arkansas Station, November 3, .1892- This agreement, made between the Missouri Pacific Railway Company, of the first part, and-of the second part, witnesseth: That, whereas, the Missouri…
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Appeal from Johnson Circuit Court. Jeremiah G. Wallace, Judge. statement by the court. This appeal is to reverse a judgment for $286.90, which appellee recovered of the appellant for an alleged conversion of certain cattle, which appellants agreed to transport under the following- contract: “Arkansas Station, November 3, .1892- This agreement, made between the Missouri Pacific Railway Company, of the first part, and-of the second part, witnesseth: That, whereas, the Missouri Pacific Railway Company transports live stock, as per above rules and regulations, all of which are hereby made a part…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Independent of contract, appellants were under no duty or obligation to transport appellee’s cattle beyond their termini. Packard v. Taylor, 35 Ark. 402. There is nothing to show that they had assumed that relation to the public by reason of any usage or the character of their business. Then, since appellants were not, by law, common carriers as to these cattle at the time of the alleged conversion, their liability depends solely upon their contract with appellee. Piedmont Mfg. Co. v. C. & G. R. Co., 19 S. C. 353; S. C. 16 Am. & Eng. R. Cases, 194; 3 Wood,…
2Cases cited3 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
- Packard v. Taylor, Cleveland & Co.Supreme Court of Arkansas · 1880
3Cited by4 opinions
- Kansas City, Fort Scott & Memphis Railway Co. v. SharpSupreme Court of Arkansas · 1897
- Chicago, Rock Island & Pacific Railway Co. v. SlaughterSupreme Court of Arkansas · 1907
- Hartley v. St. Louis, Keokuk & North Western RailroadSupreme Court of Iowa · 1902
- Southern Pacific Co. v. LarrimoreArizona Supreme Court · 1920