St. Louis Southwestern Railway Co. v. Wallace
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. On April 1, 1908, the plaintiff, W. A. Wallace, delivered to the defendant, a common carrier of goods, a carload of cattle at Paragould, in the State of Arkansas, to be transported to and delivered at the National Stock Yards in East St. Louis, in the State of Illinois.
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Appeal from Greene Circuit Court; Frank Smith, Judge; STATEMENT BY THE COURT. On April 1, 1908, the plaintiff, W. A. Wallace, delivered to the defendant, a common carrier of goods, a carload of cattle at Paragould, in the State of Arkansas, to be transported to and delivered at the National Stock Yards in East St. Louis, in the State of Illinois. The plaintiff alleged that the cattle were greatly damaged by reason of the unnecessary and negligent delay on the part of the defendant in the transportation and delivery of the cattle; and he instituted this suit to recover said damages. On the…
1Opinion of the Court
Frauenthal, J.,
(after stating- the facts.) The liability of the defendant in this case is determined by the contract of carriage which it made with the plaintiffs and the arrangement which it had for using and running its own trains over that portion of the route on which the delay occurred that caused the damage. By the common law, and independently of any statutory provision or regulation, a common carrier is not bound to assume responsibility for the tranportation of property safely and without unnecessary delay beyond the terminus of its own road and after the property has been turned…
2Cases cited11 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- Railway Co. v. MitchellSupreme Court of Arkansas · 1893
- Chicago, Rock Island & Pacific Railway Co. v. MartinSupreme Court of Kansas · 1898
- Eureka Springs Ry. v. TimmonsSupreme Court of Arkansas · 1888
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3Cited by4 opinions
- Clark v. TarrIdaho Supreme Court · 1954
- St. Louis Southwestern Railway Co. v. GramlingSupreme Court of Arkansas · 1911
- St. Louis & San Francisco Railroad v. HeyserSupreme Court of Arkansas · 1910
- United Hay Co. v. St. Louis, B. & M. Ry. Co.Court of Appeals of Texas · 1934