Warren & Ouachita Valley Railway Co. v. Southern Lumber Co.
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; II. W. Wells, Judge; 1. Delivery to a common carrier, made pursuant to •an order to ship, is delivery to the consignee. 105 Ark. 57; 91 Ark. 422; 90 Ark. 161; 78 Ark. 123. Appellant was not á proper party defendant. 2. The Pennsylvania Railroad Company tendered the car to the Pennsylvania & Reading Railroad Company for the consignee who wrongfully refused to accept it.
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Appeal from Bradley Circuit Court; II. W. Wells, Judge; 1. Delivery to a common carrier, made pursuant to •an order to ship, is delivery to the consignee. 105 Ark. 57; 91 Ark. 422; 90 Ark. 161; 78 Ark. 123. Appellant was not á proper party defendant. 2. The Pennsylvania Railroad Company tendered the car to the Pennsylvania & Reading Railroad Company for the consignee who wrongfully refused to accept it. There was a mere breach of contract and the owner could not refuse to accept the shipment and sue for a conversion. 90 Ark. 524-528; 4 Tex. Civ. App. 650; 6 Cyc. 449; 3 Hutchinson on Carriers…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, Southern Lumber 'Company, instituted this action against the Warren & Ouachita Valley Railway Company, as initial carrier of a carload of lumber consigned by the plaintiff to its vendee in Pottsville, Pennsylvania, to recover the value of said carload of lumber en account of the failure to deliver to the consignee. Plaintiff was engaged in manufacturing lumber at Warren, Arkansas, and accepted an order from William Buechley & Son, of Pottsville, Pa., for a carload of lumber. The purchaser gave directions for shipment by rail to Pottsville, specifying that it should be routed…
2Cases cited5 opinions
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- Union Pacific Railway Co. v. Metcalf & WoodNebraska Supreme Court · 1897
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Garner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
3Cited by6 opinions
- Transmarine Corporation v. Charles H. Levitt & Co.Court of Appeals for the Second Circuit · 1928
- United States Express Co. v. Rea & Co.Supreme Court of Arkansas · 1915
- Yazoo & Mississippi Valley Railroad v. SolomonSupreme Court of Arkansas · 1916
- Barrett v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1921
- St. Louis-San Francisco Railway Co. v. AllisonSupreme Court of Arkansas · 1923
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