St. Louis, Iron Mountain & Southern Railway Co. v. Marshall
Supreme Court of Arkansas
Appeal from Lee Circuit Court. statement by the court. The appellee, Marshall, desired to ship potatoes to Cleveland, Ohio, and applied to the station agent of the appellant railroad company, at La Grange, for a ventilator car for such shipment.
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Appeal from Lee Circuit Court. statement by the court. The appellee, Marshall, desired to ship potatoes to Cleveland, Ohio, and applied to the station agent of the appellant railroad company, at La Grange, for a ventilator car for such shipment. He was told by the agent to let him know a few days in advance of the exact time when the car was wanted, and it would be furnished. -Marshall gave notice on Friday that he would want the car on the following Tuesday, and the agent promised to have it ready on that date for the shipment. Marshall then commenced digging and hauling his potatoes, so as…
1Opinion of the Court
Hut, C. J.,
(after stating the facts.) The uncontroverted evidence is that the defective and unsuitable car was the cause of the injury to the potatoes. The appellant contends that there is no evidence of injury upon its line from La Grange to St. Louis, and that its obligation ceased when the goods were delivered to the connecting carrier, and that, in the absence of evidence, the presumption is that the last carrier is the responsible carrier. In answer to a similar contention in St. Louis, Iron Mountain & Southern Railway Co. v. Coolidge, 73 Ark. 112, the court said: “If the evidence…
2Cases cited6 opinions
- Railroad Co. v. PrattSupreme Court of the United States · 1875
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- Alabama & Vicksburg Railway Co. v. SearlesMississippi Supreme Court · 1894
- Indianapolis, Bloomington & Western Ry. Co. v. StrainIllinois Supreme Court · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. CunninghamCourt of Appeals of Texas · 1908
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- AJ Tebbe & Sons Company v. Brown ExpressTexas Supreme Court · 1960
- St. Louis, Iron Mountain & Southern Railway Co. v. RenfroeSupreme Court of Arkansas · 1907
- Southern Express Co. v. HillSupreme Court of Arkansas · 1906
4 more not listed; retrieve them via the Exa API.