St. L., I. M. & S. Ry. v. Lesser
Supreme Court of Arkansas
APPEAL from Lee Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The verdict was contrary to the evidence. There was no evidence showiug any negligence whatever on part of appellant. The defendant was treated as an insurer, when by the contract his liability was limited to that of a forwarder or private carrier. Second — The verdict was contrary to the instructions of the court. Third — The court erred in refusing the first instruction for appellant.
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APPEAL from Lee Circuit Court. Hon. M. T. Sanders, Circuit Judge. First — The verdict was contrary to the evidence. There was no evidence showiug any negligence whatever on part of appellant. The defendant was treated as an insurer, when by the contract his liability was limited to that of a forwarder or private carrier. Second — The verdict was contrary to the instructions of the court. Third — The court erred in refusing the first instruction for appellant. Plaintiff took upon himself the duty of seeing that the car was safe and secure, and defendant could not be held liable for any want of…
1Opinion of the CourtBattle, J.
The defendant, St. Louis, Iron Mountain & Southern Railway Company, transported a car-load of horses and mules for plaintiff', Julius Lesser, under a special contract, over its railway, from St. Louis to Marianna, Ark. One of the horses was badly injured in the course of transportation. Plaintiff sued the defendant in the Lee circuit court for the damages suffered by reason of the injury.
So much of the contract as affects the matters in controversy is in the words and figures following:
“Live Stock Contract executed at St. Louis station, September 13, 1884.
“ This agreement, made between the…
2Cases cited3 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Rhodes v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1873
3Cited by19 opinions
- Leep v. Railway Co.Supreme Court of Arkansas · 1894
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Mires v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908
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