St. Louis, Iron Mountain & Southern Railway Co. v. Lee
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court. HaNoe N. IIuttoN, Judge. The court should have sustained the demurrer to the complaint.
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Appeal from Woodruff Circuit Court. HaNoe N. IIuttoN, Judge. The court should have sustained the demurrer to the complaint. The freight conductor had no control over the moving of freight, and a request to him to furnish a car was not a request to the company. 40 Ark. 309. If he had such authority, it should have been alleged. 46 Ark. 103; 29 Ark. 501. Nor did the agents at McCrory and Wynne have such authority. 51 Ark. 155. As to who shall be entitled to the benefits of Sand. & H. Dig., §§ 6193-4, see 61 Ark. 563. Appellant should have resorted to motion to make more specific, rather than…
1Opinion of the CourtBattle, J.
The complaint in this action is as follows: "Come the plaintiffs, Ed S. Carl Lee and P. L. Fakes, and for cause of action herein against the defendant state: That in July, 1899, the St. Louis, Iron Mountain & Southern Railway Company was a corporation, organized and existing under the laws of the state of Arkansas; that said corporation was then, and is now, engaged in the transportation of freight between Woodruff, Ark., and Wynne, Ark., as a common carrier; that on or about July, 1899, this plaintiff placed for shipment on or near this defendant’s side track, at Woodruff, Ark., five cords…
2Cited by2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. Wynne Hoop & Cooperage Co.Supreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MossSupreme Court of Arkansas · 1905