Strange v. Planters' Gin Co.
Supreme Court of Arkansas
Appeal from Miller Circuit Court; George R. Hay-pie, Judge; STATEMENT1 OP PACTS. Peter Davis brought separate suits in the circuit court against the Planters’ Gin Company and the Garland Gin Company to recover the value of five bales of cotton claimed to have been lost in the gin' yards of the defendants. The facts in the two cases being the same, the suits were consolidated and tried together.
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Appeal from Miller Circuit Court; George R. Hay-pie, Judge; STATEMENT1 OP PACTS. Peter Davis brought separate suits in the circuit court against the Planters’ Gin Company and the Garland Gin Company to recover the value of five bales of cotton claimed to have been lost in the gin' yards of the defendants. The facts in the two cases being the same, the suits were consolidated and tried together. The plaintiff had five bales of cotton ginned by the defendants and received from the defendants a receipt for each bale so ginned. It is claimed that these receipts constituted a contract of bailment…
1Opinion of the CourtHart, J.
(after stating the facts). Counsel for the plaintiffs claim that the defendants were bailees for hire and that the court erred in instructing a verdict for the defendants. They rely on the case of Phoenix Cotton Oil Co. v. Pettus & Buford, 134 Ark. 76, in which the court held that a bailee for hire in exclusive possession of the property must explain its loss before it devolves upon the bailor to show that it was lost through the bailee’s negligence. "We cannot agree with counsel in this conten* tion, and think that the receipts are essentially different in .the two cases. In that case the…
2Cases cited7 opinions
- Hill v. KavanaughSupreme Court of Arkansas · 1915
- Baker v. BaileySupreme Court of Arkansas · 1912
- Wear v. GleasonSupreme Court of Arkansas · 1889
- Ozark Diamond Mines Corp. v. TownesSupreme Court of Arkansas · 1915
- Gulledge v. HowardSupreme Court of Arkansas · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- The Pac. Fire Ins. Co. v. the Murdoch Cotton Co.Supreme Court of Arkansas · 1936
- McDonald Land Co. v. Shapleigh Hardware Co.Supreme Court of Arkansas · 1924
- Rollins v. East St. Louis Cotton Co.Supreme Court of Arkansas · 1920
- Carter v. Ryburn Ford Sales, Inc.Supreme Court of Arkansas · 1970
- Carter v. Ryburn Ford Sales, Inc.Supreme Court of Arkansas · 1970
1 more not listed; retrieve them via the Exa API.