Little Rock & Ft. Smith Railway Co. v. Conatser
Supreme Court of Arkansas
Appeal from Franklin' Circuit Court, Ozark District. Jephtha H. Fvans, Judge. 1. There is no evidence that appellee ever offered this cotton for shipment, and was refused. 2. The court erred in,refusing to give the declarations of law numbered 1, 2 and 3 asked by defendants. 3. Lack of facilities for shipment was not the proximate cause of appellee’s alleged damage.
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Appeal from Franklin' Circuit Court, Ozark District. Jephtha H. Fvans, Judge. 1. There is no evidence that appellee ever offered this cotton for shipment, and was refused. 2. The court erred in,refusing to give the declarations of law numbered 1, 2 and 3 asked by defendants. 3. Lack of facilities for shipment was not the proximate cause of appellee’s alleged damage. On the contrary, the proximate cause was his failure'or inability to sell the cotton. 95 U. S. 130; 139 id. 237; 56 Ark. 521; 2 Thomps. Negl. 1084 ; 99 Mass. 605 ; 50 N. W. 365 ; 29 Wis. 144. 4. Defendant’s third instruction…
1Opinion of the CourtWood, J.
The appellee alleges in his complaint that he had bought 192 bales of cotton in the town of Ozark, for which he paid the current market price, and that this cotton was bought for the express purpose of selling same to cotton buyers in said town, who were, in the months of November and December, buying cotton in said town, and paying the current market price. He alleges that he failed to sell to these cotton buyers because the appellant negligently refused and failed to receive said cotton, and to provide transportation for same, notwithstanding appellee had at divers times requested appellant…
2Cited by4 opinions
- In re DietrickWashington Supreme Court · 1903
- Richey & Gilbert Co. v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1910
- Hoffman Heading & Stave Co. v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1906
- American Railway Express Co. v. Bald Knob Fruit ExchangeSupreme Court of Arkansas · 1924