St. Louis, Iron Mountain & Southern Railway Co. v. Tilby
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. Instruction No. 1, given at appellee’s request, was too broad in making the carrier liable “for all damages which may accrue to the property shipped,” even though such damages may be due to the inherent nature of the property. 6 Cyc. 381. ' It was also erroneous in imposing an absolute duty to ice the car. 41 Am.
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Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. Instruction No. 1, given at appellee’s request, was too broad in making the carrier liable “for all damages which may accrue to the property shipped,” even though such damages may be due to the inherent nature of the property. 6 Cyc. 381. ' It was also erroneous in imposing an absolute duty to ice the car. 41 Am. Bep. 696. 2. The only ground of negligence relied upon by appellee was the failure to furnish a car already iced. It was therefore error to refuse to instruct the jury as requested by appellant that their…
1Opinion of the Court
’McCulloch, C. J.
The plaintiff seeks in this case to recover from the defendant railway company damages sustained by reason of injury to a shipment of a carload of peaches from Camden, Arkansas, to Burlington, Iowa. Plaintiff owned a fruit farm a few miles out of Camden, ■aaid in July, 1912, having a carload of peaches to ship, applied to defendant’s agent for a car properly iced. That was on July the 17th or 18th, and the shipment was to be made on the 20th. The agent agreed to have the car ready for the peaches to be loaded into it on the morning of the 20th, and it was understood that…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
3Cited by3 opinions
- St. Louis Southwestern Railway Co. v. TuckerSupreme Court of Arkansas · 1923
- St. Louis, Iron Mountain & Southern Railway Co. v. Laser Grain Co.Supreme Court of Arkansas · 1915
- H. Rouw Co. v. Kansas City Southern Railway Co.Supreme Court of Arkansas · 1926