Bogart & Co. v. Wade
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; John I. Worthington, Judge; 1. A verdict should have been directed for appellant. The railroad is liable unless it shows that the property was placed on its platform without its consent, or solely upon the condition that the company shall not be liable for damages. 86 Me. 422; 31 Ind. 143; 77 Id. 322; 27 S. W. 728; 120 Ark. 595. See also 8 Allen 438; 91 U. S. 454 ; 86 Ark. 289. 2. Plaintiff’s instruction No. 2 should have been given as…
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Appeal from Cleburne Circuit Court; John I. Worthington, Judge; 1. A verdict should have been directed for appellant. The railroad is liable unless it shows that the property was placed on its platform without its consent, or solely upon the condition that the company shall not be liable for damages. 86 Me. 422; 31 Ind. 143; 77 Id. 322; 27 S. W. 728; 120 Ark. 595. See also 8 Allen 438; 91 U. S. 454 ; 86 Ark. 289. 2. Plaintiff’s instruction No. 2 should have been given as asked, without modification. 12 S. W. 843. 3. Hearsay evidence was admitted. 1. Appellant’s request for a peremptory…
1Opinion of the CourtHumphreys, J.
Home Insurance Company brought suit in the name of W. F. Bogart & Cp. for its use against appellee in the Cleburne Circuit Court to recover $750 for the alleged damage done by fire to a lot of cotton placed on appellee’s platform at Heber Springs, Arkansas, by W. F. Bogart & Co.
Appellee denied liability on account of the damage done by fire.
W. F. Bogart & Co. placed eighty-eight bales of cotton on appellee’s shipping platform at Heber Springs, Arkansas, which was damaged to the extent of $750 by fire caused by the emission of sparks from appellee’s engine. W. F. Bogart & Co. had insured the…
2Cases cited3 opinions
- Railway Co. v. MurphySupreme Court of Arkansas · 1895
- Pine Bluff & Arkansas River Railway Co. v. McKenzieSupreme Court of Arkansas · 1905
- Matthews v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1916
3Cited by2 opinions
- Graysonia, Nashville & Ashdown Railroad v. Newberger Cotton Co.Supreme Court of Arkansas · 1926
- St. Louis-San Francisco Railway Co. v. Lee Wilson & Co.Supreme Court of Arkansas · 1947