Little Rock & Fort Smith Railway Co. v. Hunter
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. CuNningham, Circuit Judge. The agent was not authorized to receive goods for storage, but if he was, the railway is only liable as a warehouseman, and it was incumbent on plaintiff to show negligence. (.Pierce on JR. JR. Law, 428, 448 ; Hutchison on Carriers, sec. 701-8; 60 N. Y., 138.) The lost articles were not baggage.
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APPEAL from Franklin Circuit Court. Hon. G. S. CuNningham, Circuit Judge. The agent was not authorized to receive goods for storage, but if he was, the railway is only liable as a warehouseman, and it was incumbent on plaintiff to show negligence. (.Pierce on JR. JR. Law, 428, 448 ; Hutchison on Carriers, sec. 701-8; 60 N. Y., 138.) The lost articles were not baggage. Thomps. on Carriers of Pas., 510-11; notes. 1 and 2. Appellant received the goods as a common carrier; they were so delivered, accepted and stored in its warehouse or depot (21 Ind., 54), and being lost through negligence, the…
1Opinion of the Court
OPINION.
Smith, J.
The plaintiff in this action recovered judgment against the railroad company for the value of a box of household goods, alleged to have been left in its depot for safe keeping until the plaintiff should be ready to take the train. It w*as averred that the box was not re-delivered upon request, but was lost by the defendant’s negligence. The action having originated before a justice of the peace, no formal answer was filed, but the defense seems to have been a general denial of the plaintiff’s cause of action.
On the trial the plaintiff" testified that on a certain day she came…
2Cases cited1 opinion
- O'Neill v. . N.Y. Cen. H.R.R.R. Co.New York Court of Appeals · 1875
3Cited by4 opinions
- Kansas City Southern Railway Co. v. ThomasSupreme Court of Arkansas · 1911
- Garner v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1906
- Scott-Mayer Commission Co. v. Merchants' Grocer Co.Supreme Court of Arkansas · 1921
- Goodbar v. Wabash Railway Co.Missouri Court of Appeals · 1893