St. Louis, Iron Mountain & Southern Railway Co. v. Wynne Hoop & Cooperage Co.
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Allen Hughes, Judge; statement by trie court. The complaint, after alleging .the incorporation of plaintiff, is as follows: “That the plaintiff was owner of a lot of elm sawlogs placed along defendant’s tracks at Crawfordsville, Arkansas, during the months of September, October, November and December, 1903, for shipment to its sawmill located at Wynne, Cross County, Arkansas; that during the said months plaintiff had made often and repeated…
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Appeal from Cross Circuit Court; Allen Hughes, Judge; statement by trie court. The complaint, after alleging .the incorporation of plaintiff, is as follows: “That the plaintiff was owner of a lot of elm sawlogs placed along defendant’s tracks at Crawfordsville, Arkansas, during the months of September, October, November and December, 1903, for shipment to its sawmill located at Wynne, Cross County, Arkansas; that during the said months plaintiff had made often and repeated demands for cars upon which to load and ship out logs; that it received only ,an occasional car, which it used as best it…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The complaint and response to the motion to make more definite and certain, which was treated .as an amendment to the complaint, stated a cause of action. The complaints which failed to state a cause of action for failing to furnish cars iin the case of St. Louis, I. M. & S. Ry. Co. v. Carl-Lee, 69 Ark. 584, and St. Louis, I. M. & S. Ry. Co. v. Moss, 75 Ark. 66, differ in essential respects from the original complaint-in this case. Here the allegations is that “the plaintiff had placed a lot of elm sawlogs along defendant’s track for shipment, and had made…
2Cases cited7 opinions
- Lynch v. DaggettSupreme Court of Arkansas · 1896
- Davis v. GoodmanSupreme Court of Arkansas · 1896
- Little Rock & Ft. Smith Railway Co. v. OppenheimerSupreme Court of Arkansas · 1897
- St. Louis Southwestern Railway Co. v. Clay County Gin Co.Supreme Court of Arkansas · 1906
- Sevier v. HollidaySupreme Court of Arkansas · 1840
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- St. Louis, Iron Mountain & Southern Ry. Co. v. FurlowSupreme Court of Arkansas · 1909
- Wood v. HayeSupreme Court of Arkansas · 1943
- Hines v. MasonSupreme Court of Arkansas · 1920
- Breckenridge v. Hearne Timber Co.Supreme Court of Arkansas · 1918
- Willingham v. SeligmanCourt of Appeals for the Fifth Circuit · 1950
4 more not listed; retrieve them via the Exa API.