Prescott & Northwestern Railway Co. v. Davis
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. S. P. Davis brought suit for damages, for the total loss of two carloads of strawberries, alleged to have been caused by delay in transportation and delivery.
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Appeal from Nevada Circuit Court; George R. Haynie, Judge; STATEMENT BY THE COURT. S. P. Davis brought suit for damages, for the total loss of two carloads of strawberries, alleged to have been caused by delay in transportation and delivery. The complaint alleges that the railroad company issued two negotiable bills of lading, one for each carload of strawberries, on about the 8th of May, 1913, agreeing therein to ship from Prescott, Arkansas, via Eafet St. Louis over the Mo. Pac. R. R. to Buffalo, N. Y., in which bills it appeared that the berries were originally consigned to G. L. Mays,…
1Opinion of the Court
Kirby, J.,
(after statifig the facts). The facts of this case are virtually undisputed. The cars of berries were started from Prescott on the night of the 8th of May, no bills of lading being issued therefor until the afternoon of the 9th, when it was known to appellant and the shipper that the cars had already passed Little Rock, the diversion point, and the shipper signed the bills of lading as written.
Appellee knew the cars had been billed from Prescott to Kansas City on the 8th; did not see the bill of lading until the 10th when he paid for the berries, and when he received the bills and…
2Cases cited5 opinions
- Kansas City, Pittsburg & Gulp Railroad v. PaceSupreme Court of Arkansas · 1901
- Merchants' Despatch Transportation Co. v. FurthmannIllinois Supreme Court · 1893
- Western and Atlantic Railroad v. Ohio Valley Banking & Trust Co.Supreme Court of Georgia · 1899
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. Moline Plow Co.Indiana Court of Appeals · 1895
- Little Rock & Fort Smith Railroad v. HallSupreme Court of Arkansas · 1878
3Cited by1 opinion
- Arkansas Western Railway Co. v. RobsonSupreme Court of Arkansas · 1926