Myar v. St. Louis Southwestern Railway Co.
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Chas. W. Smith, Judge. Appellee is bound by the acts of its agent within the scope of his apparent authority. 55 Ark. 629; Meeh. Ag. §§ 86, 283, 289; 42 Ark. 99; 25 Ark. 262. The non-production of evidence within the power of a party creates a strong presumption that, if produced, it would be against him. 32 Ark. 346; Brad. Ev. 602; 33 N. Y. 508; 92 N. Y. 554; 17 Tex. App. 452. There is no presumption in favor of private laws. Brad.
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Appeal from Ouachita Circuit Court. Chas. W. Smith, Judge. Appellee is bound by the acts of its agent within the scope of his apparent authority. 55 Ark. 629; Meeh. Ag. §§ 86, 283, 289; 42 Ark. 99; 25 Ark. 262. The non-production of evidence within the power of a party creates a strong presumption that, if produced, it would be against him. 32 Ark. 346; Brad. Ev. 602; 33 N. Y. 508; 92 N. Y. 554; 17 Tex. App. 452. There is no presumption in favor of private laws. Brad. Ev. 598. The fact that it was the duty of the judge to publish notice of an election raises no presumption that it was…
1Opinion of the CourtBattle, J.
On the 12th of April, 1900, Henry W. Myar brought an action against the St. Louis Southwestern Eailway Company to recover the possession of certain 196 bales of cotton, which he alleged that the defendant held without right. The defendant answered, denying the plaintiff’s right of possession, and alleging as follows: “That it is entitled to the possession thereof because it then had the same in its possession as a common carrier, having shipped the same from Waldo, Arkansas, to shipper’s orders, for which service it had a lien on said cotton for its freight charges, amounting to $241.64,…
2Cited by5 opinions
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- Bryant Lumber Co. v. Fourche River Lumber Co.Supreme Court of Arkansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. WolfSupreme Court of Arkansas · 1911
- Haurigan v. Chigago & Northwestern Railway Co.Nebraska Supreme Court · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MillerSupreme Court of Arkansas · 1912