St. Louis, Iron Mountain & Southern Railway Co. v. Campbell
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY" THE COURT. The plaintiff, L. L. Campbell, brought this action against the St. Louis, Iron Mountain & Southern Railway Company for damages sustained by him by reason of an alleged negligent delay in transporting his baggage from Newport to Hope in the State of Arkansas.
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Appeal from Jackson Circuit Court; R. E. Jeffery, Judge; STATEMENT BY" THE COURT. The plaintiff, L. L. Campbell, brought this action against the St. Louis, Iron Mountain & Southern Railway Company for damages sustained by him by reason of an alleged negligent delay in transporting his baggage from Newport to Hope in the State of Arkansas. In addition to actual damages, plaintiff also seeks to recover the penalty for failure to deliver baggage as provided for in Act 252 of the G-eneral Acts of 1911. The facts are substantially as follows: On the afternoon of October 9, 1911, plaintiff…
1Opinion of the Court
Hart, J.,
(after stating tbe facts). Counsel for the defendant first insist that what is a reasonable time for the transportation of baggage, is always a question for the jury, and that the court erred in telling the jury, as a matter of law, that the delay in the transportation of-the baggage was caused by the negligence of the defendant., We do not agree with them in thi,s contention. The undisputed evidence shows that the plaintiff told the agent, when he checked the baggage, that he was going to Hope to get married, and would need the trunk as soon as he got there. He checked the trunk in…
2Cases cited1 opinion
- Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
3Cited by2 opinions
- Kansas City, M. & O. Ry. Co. v. FugattSupreme Court of Oklahoma · 1915
- Kentucky Military Institute v. CohenSupreme Court of Arkansas · 1917