Wells Fargo & Co. Express v. Harwell
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jeff T. Cowling, Judge; STATEMENT BY THE COURT. Appellee shipped by express from He Queen to his order, at St. Louis, Missouri, nine bags of furs and brought suit for damages, alleging a failure to deliver them.
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Appeal from Sevier Circuit Court; Jeff T. Cowling, Judge; STATEMENT BY THE COURT. Appellee shipped by express from He Queen to his order, at St. Louis, Missouri, nine bags of furs and brought suit for damages, alleging a failure to deliver them. The appellant admitted receiving the furs for transportation and denied that they were not delivered within a reasonable time; alleged that they were transported to the city of St. Louis, and tendered in good condition for delivery to appellee and that he refused to accept them. He was notified in writing, three times, that they were there subject to…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is strongly urged that each of the instructions given was erroneous and the one directing a finding for the plaintiff especially prejudicial.
A common carrier is liable in damages for negligent delay in the transportation Of property, but the owner can not on account of unreasonable delay in the delivery refuse to receive the goods and sue as for a conversion. Chicago, R. I. & P. Ry. Co. v. Neusch, 99 Ark. 568; Chicago, R. I. & P. Ry. Co. v. Pfeifer, 90 Ark. 524; C. & O. Ry. Co. v. Saulsberry, 12 L. R. A. (N. S.) 431. The shipper had no right to refuse…
2Cases cited2 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. NueschSupreme Court of Arkansas · 1911
3Cited by1 opinion
- Hutchison Grocery Co. v. Louisville & Nashville RailroadAppellate Court of Illinois · 1923