St. Louis Southwestern Railway Co. v. Haynie
Supreme Court of Arkansas
Appeal from Ouacbita Circuit Court; C. W. Smith. Judge; 1. All tie shipments were interstate shipments, under contracts known as ‘‘Limited Liability” contracts. Written notice was required of loss, and action required to be 'brought within six months. Neither clause was complied with. There were two rates, either of which were optional with the shipper.
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Appeal from Ouacbita Circuit Court; C. W. Smith. Judge; 1. All tie shipments were interstate shipments, under contracts known as ‘‘Limited Liability” contracts. Written notice was required of loss, and action required to be 'brought within six months. Neither clause was complied with. There were two rates, either of which were optional with the shipper. Both provisions are reasonable. 57 Ark. 112; lb. 127; 54 Id. 223; 101 Id. 436; 111-Ark. 102; 129 S. W. 181; 101 Ark. 310; 227 U. S. 657. 1. Appellee was entitled to an unrestricted contract. The limitations and restrictions were invalid. 81…
1Opinion of the CourtMcCulloch, C. J.
This is an action against a common carrier to recover damages on certain shipments of cattle from Camden, Arkansas, to East St. Louis, Illinois. There were three separate shipments, and a email amount of damage is claimed on account of each. The total sum claimed 'by the plaintiff was $96.12, and on trial of the case, the jury assessed damages in the sum of $60 in favor of the plaintiff. The damage to the cattle arose principally from delay in the first shipment, which is shown to have resulted in a loss by reason of depreciation in the market and shrinkage in weight of the cattle. There is…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Vulcanite Roofing Co. v. Commonwealth S. S. Co.Court of Appeals for the Fourth Circuit · 1922
- City of Hot Springs v. National Surety Co.Supreme Court of Arkansas · 1975