St. Louis, Iron Mountain & Southern Railway Co. v. Hudgins Produce Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Appellee brought this suit in the justice court for $50.75 damages to a carload, of Irish potatoes, shipped from Chicago to it at Texarkana. Judgment was rendered by default in the justice court, and the ease was appealed to the circuit court.
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Appeal from Miller Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. Appellee brought this suit in the justice court for $50.75 damages to a carload, of Irish potatoes, shipped from Chicago to it at Texarkana. Judgment was rendered by default in the justice court, and the ease was appealed to the circuit court. The president of appellee company testified that the Irish potatoes were bought through Earle Brothers of Chicago, and shipped with ¡bill of lading attached to draft allowing inspection. That when the car reached his place at Texarkana, the entire first row of sacks of…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The appellant contends that there was no negligence shown for which it was responsible, causing damage to the shipment of potatoes, and that the court erred in not instructing a verdict in its favor.(1) It is not disputed that the potatoes were in a damaged condition when they arrived at the point of destination on appellant’s line. Appellant made no effort to show where or how the damage actually occurred, and the law presumes in the .absence of other proof that the delivering carrier was the negligent one. Midland Valley Rd. Co. v. Hale, 86 Ark. 484; St.…
2Cases cited5 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Brennisen v. Pennsylvania RailroadSupreme Court of Minnesota · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- White v. Minneapolis & Rainy River Railway Co.Supreme Court of Minnesota · 1910
- Vail v. Pacific RailroadSupreme Court of Missouri · 1876
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Ry. Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1916
- Vogel v. Delaware, Lackawanna & Western RailroadWisconsin Supreme Court · 1919
- Payne v. OrtonSupreme Court of Arkansas · 1921
- St. Louis Southwestern Ry., Henwood v. FlemingSupreme Court of Arkansas · 1944