St. Louis Southwestern Railway Co. v. James
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District; Allen Hughes, Judge; 1. The burden was on appellee to show that the wages were due on the orders given, and were not paid. 14 Ark. 389; 40 Ark. 187. There was no contract requiring appellant to return the unpaid orders to appellee, and it was under no obligation to do so, unless they come within the provision of Kirby’s Digest, § 500. If they do not come within the provision of that section, the court erred in…
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Appeal from Craighead Circuit Court, Jonesboro District; Allen Hughes, Judge; 1. The burden was on appellee to show that the wages were due on the orders given, and were not paid. 14 Ark. 389; 40 Ark. 187. There was no contract requiring appellant to return the unpaid orders to appellee, and it was under no obligation to do so, unless they come within the provision of Kirby’s Digest, § 500. If they do not come within the provision of that section, the court erred in instructing the jury that appellant was under obligation to either pay or return the orders, and if it did neither for an…
1Opinion of the CourtRiddick, J.
This is an action by J. B. James against the St. Louis Southwestern Railway Company to recover damages on account of the failure of the company to repair a building used as a restaurant or railway eating-house, and which he had leased from the defendant, and also for failure to pay board for certain of its employees. The complaint thus embraced two separate causes of action based on separate contracts.
In the contract by which the company leased the building in question to James, it was agreed that the company should make all necessary repairs on such building. The company also agreed with him…
2Cases cited3 opinions
- Friend v. Smith Gin Co.Supreme Court of Arkansas · 1894
- Rousch v. DuffSupreme Court of Missouri · 1864
- Hall v. FlandersSupreme Judicial Court of Maine · 1891
3Cited by4 opinions
- Sims v. MillerSupreme Court of Arkansas · 1922
- Commercial State Bank of Fort Worth v. Harkrider-Keith-Cooke Co.Court of Appeals of Texas · 1923
- Director General of Railroads v. WilfordSupreme Court of Florida · 1921
- Safety Motors, Inc. v. Elk Horn Bank & Trust Co.District Court, W.D. Arkansas · 1954