Matthews v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. There was a delivery of the cotton to the company. 79 Ark. 100; 60 Ark. 333; 79 Id. 353; 89 Id. 178; 87 Am. Dec. 301; 104 S. W. 377. The shipper had done everything within his power to deliver the freight. 87 Am.
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Appeal from Lee Circuit Court; J. M. Jackson, Judge; 1. There was a delivery of the cotton to the company. 79 Ark. 100; 60 Ark. 333; 79 Id. 353; 89 Id. 178; 87 Am. Dec. 301; 104 S. W. 377. The shipper had done everything within his power to deliver the freight. 87 Am. Dec. 301; 104 S. W. 377. The liability attaches when the shipment is delivered for immediate transportation. 104 S. W. 377. The company had notice that the car was loaded and ready for shipment when the freight train passed. 4 R. C. L., § § 171-2; 32 L. B. A. (N. S.J 319. The delivery was complete and the company was liable. 1.…
1Opinion of the CourtHart, J.
J. L. Matthews and J. B. Hood sued the St. Louis, Iron Mountain & Southern Railway Company to recover the value of a car load of cotton which they alleged was destroyed by fire after they had delivered the cotton to the railroad company for immediate shipment. The facts are as follows:
The plaintiffs, Matthews and Hood, are partners engaged in the farming and supply business and in the operation of a gin near Gassett. Gassett is a flag station on the defendant’s line of railroad between Memphis and Marianna.
The railroad company, at the request of Matthews & Hood, put in a sidetrack for their…
2Cases cited2 opinions
- Railway Co. v. MurphySupreme Court of Arkansas · 1895
- Pine Bluff & Arkansas River Railway Co. v. McKenzieSupreme Court of Arkansas · 1905
3Cited by4 opinions
- St. Louis-San Francisco Railway Co. v. Lee Wilson & Co.Supreme Court of Arkansas · 1947
- Bogart & Co. v. WadeSupreme Court of Arkansas · 1918
- Straub v. Missouri Pacific Railroad CompanySupreme Court of Arkansas · 1926
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1943