Williams v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; W. J. Driver, Judge; The demurrer should have been overruled. The suit was filed within one year from the time the damages were sustained and appellant had a lien. Kirby & Castle’s Digest, § § 8172, 8173; 74 Ark. 528; 80 Id. 399; 74 Id. 366; 85 S. W. 1133; 115 Fed. 367. The complaint alleged all necessary facts and stated a good cause of action. The demurrer was properly sustained.
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Appeal from Crittenden Circuit Court; W. J. Driver, Judge; The demurrer should have been overruled. The suit was filed within one year from the time the damages were sustained and appellant had a lien. Kirby & Castle’s Digest, § § 8172, 8173; 74 Ark. 528; 80 Id. 399; 74 Id. 366; 85 S. W. 1133; 115 Fed. 367. The complaint alleged all necessary facts and stated a good cause of action. The demurrer was properly sustained. No suit was filed against the receiver, nor was the claim filed with the receiver as required by law. Kirby’s Digest, § § 6661, 6662; 74 Ark. 368; 33 Cyc. 388; K. & C. Digest,…
1Opinion of the CourtWood, J.
In September and October, 1916, B. F. Bush, as receiver of the St. Louis, Iron Mountain & Southern Eailway Company, was operating said railroad, and through the negligence of his employees, in the handling of certain cotton which was delivered to Bush as such receiver, for shipment, appellant was damaged in the sum of $620.
After these damages had accrued to appellant, the property of the St. L., I. M. & S. E. Co., in the hands of Bush as receiver, was sold at foreclosure sale .and purchased by the appellee, Missouri Pacific Eailroad Co.
Two witnesses, who were neighbors of the appellant Within…
2Cited by1 opinion
- Bolton v. Missouri Pacific RailroadSupreme Court of Arkansas · 1923