Legal Opinion

Pine Bluff & Arkansas River Railway Co. v. McKenzie

Supreme Court of Arkansas

Decided April 15, 1905PublishedCited by 8 opinions

Appeal from Jefferson Circuit Court. Antonio B. Grace, Judge. The court erred in excluding the testimony of H. E- Martin, as to whose land the spur track was on. Hutch, Car. § 94. The delivery must have been complete. ' 56 Ark. 288; Hutch. Car, § 82. Usage is legal evidence of custom. 17 Ark. 428; 58 Ark. 129; 29 Am. & Eng. Enc. Raw, 412. Delivery to appellant was complete. Hutch. Car. § § 99, 100; 42 Tex. 467; 29 Am. & Eng. Enc. Raw, 410.

1Opinion of the CourtBattue, J.

B. E. McKenzie sued the Pine Bluff & Arkansas River Railway Company for the value of one carload of cotton and of one carload of cotton seed, and interest thereon. He alleged in his complaint that, on the 29th day of October, 1901, he delivered to the defendant, at R. W. Clement’s Gin, for immediate transportation, one carload of cotton, of the value of $1,227.60, to be shipped to Memphis, Tenn., and one carload of cotton seed, of the value of $300; to be shipped to Rittle Rock, Ark.; that said defendant accepted the cotton and seed, and, in consideration of a certain sum to be paid,…

2Cases cited1 opinion

  1. Railway Co. v. MurphySupreme Court of Arkansas · 1895

3Cited by8 opinions

  1. Graysonia, Nashville & Ashdown Railroad v. Newberger Cotton Co.Supreme Court of Arkansas · 1926
  2. Atlantic Coast Line Railroad v. Wilson & Toomer Fertilizer Co.Supreme Court of Florida · 1925
  3. St. Louis-San Francisco Railway Co. v. Lee Wilson & Co.Supreme Court of Arkansas · 1947
  4. Matthews v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1916
  5. Bogart & Co. v. WadeSupreme Court of Arkansas · 1918

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