St. Louis, Iron Mountain & Southern Railway Co. v. Allen
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evcms, Judge; STATEMENT BY THE COURT. B. E. Allen 'brought this suit against the railway company for damages for loss sustained on a shipment of .a oar load of hay from Braggs Oklahoma, to Benton, Arkansas, whioh the consignee refused to receive because of an overcharge of freight demanded by the company of $24.02, on account of which, while the charge was being adjusted, several days elapsed for whioh demurrage charges were made…
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Appeal from Hot Spring Circuit Court; W. H. Evcms, Judge; STATEMENT BY THE COURT. B. E. Allen 'brought this suit against the railway company for damages for loss sustained on a shipment of .a oar load of hay from Braggs Oklahoma, to Benton, Arkansas, whioh the consignee refused to receive because of an overcharge of freight demanded by the company of $24.02, on account of which, while the charge was being adjusted, several days elapsed for whioh demurrage charges were made and paid, and the hay had to be re-shijpped to M'alvern, Arkansas, .at ian additional expense of $10.80, before it was…
1Opinion of the Court
Kibby, J.,
(after stating the facts). It is contended that the court erred in not directing a verdict for appellant on the first cause of action, the shipment on which the overcharge of freight was. claimed, and damages, never Laving lost its interstate 'character, and that the court erred in its instructions to the jury relative to the proper rate to he charged for the transportation of the car from Benton to Malvern after the refusal of the purchasers there to receive it.
There "was no question made that the shipper did not have the right to divert the car of hay to Benton, Arkansas,…
2Cases cited1 opinion
- Porter v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1906