Gulf Compress Co. v. Harrington
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; Whether a contract is void because opposed to public policy is a question of law for the court.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; Whether a contract is void because opposed to public policy is a question of law for the court. Green-hood on Public Policy, p. 123. Courts are slow to- declare a contract to be against public policy. 40 Ark. 261; 6 F. & B. 47; 4 H. of L. Cas. 1. Public policy requires that men have the utmost liberty of contract. 57 N. W. 844. Contracts exempting from loss by fire are not against public policy. 62 Fed..904. Railroads may under some circumstances contract against liability for damage. 56 Mich, in ; 66 Fed. 506; 129 Id.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff, W. F. Harrington, was the owner of thirty-four bales of cotton which were destroyed by fire while held for storage by the defendant, Gulf Compress Company, in its warehouse at Little Rock, Arkansas. He sued the defendant for the value of the cotton, and seeks to establish liability on the alleged ground that the latter was guilty of negligence in permitting destruction of the cotton by fire, and he recovered a judgment for damages from which the defendant prosecutes this appeal.
Learned counsel raise only two questions in the argument here, viz.: (1) that defendant is not liable…
2Cases cited4 opinions
- Dieterle v. BekinCalifornia Supreme Court · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- Collins v. . BurnsNew York Court of Appeals · 1875
- Hunter v. Baltimore Packing & Cold Storage Co.Supreme Court of Minnesota · 1899
3Cited by31 opinions
- Hill v. Carolina Freight Carriers Corp.Supreme Court of North Carolina · 1952
- Jordan v. Diamond Equipment & Supply Co.Supreme Court of Arkansas · 2005
- Pickens-Bond Construction Co. v. North Little Rock Electric Co.Supreme Court of Arkansas · 1970
- Ford Hardwood Lumber Co. v. ClementSupreme Court of Arkansas · 1911
- Farmers Bank of Greenwood v. PerrySupreme Court of Arkansas · 1990
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