Payne v. Orton
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James 8. Steel, Judge; 1. The verdict was not sustained by sufficient evidence. That rain of ten hours’ duration on each of four days during which the cotton stood, ends of bales up, on the platform of the carrier, was not sufficient to rot it within twelve days, is a matter of which the courts should take judicial knowledge. 125 S. W. (Ark.) 428; 185 S. W. 768; 17 Am. & Eng.
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Appeal from Little River Circuit Court; James 8. Steel, Judge; 1. The verdict was not sustained by sufficient evidence. That rain of ten hours’ duration on each of four days during which the cotton stood, ends of bales up, on the platform of the carrier, was not sufficient to rot it within twelve days, is a matter of which the courts should take judicial knowledge. 125 S. W. (Ark.) 428; 185 S. W. 768; 17 Am. & Eng. Enc. of L, 909-911; 16 Cyc. 854 et seq.; 3 Ark. 66. That cotton ginned damp and baled damp will heat and become damaged is a physical fact of which the courts will take judicial…
1Opinion of the CourtMcCulloci-i, C. J.
The plaintiff, H. H. Orton, shipped 75 bales of cotton from Ashdown to Texarkana over the line of the Kansas City Southern Railway Company, then operated under government control. The cotton was delivered to the agent at Ashdown by plaintiff in separate lots on .January 3 and January 5, 1920, and bills of lading were issued to plaintiff by the agent on those days. The first lot of cotton reached Texarkana and was delivered to the consignee on January 8, 1920, in undamaged condition, but the remainder of the cotton did not reach Texarkana until January 17 and 19, respectively, and, according…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. Hudgins Produce Co.Supreme Court of Arkansas · 1915