United States Express Co. v. Rea & Co.
Supreme Court of Arkansas
Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. Appellees brought this,suit .against the express company for damages to 100 crates of strawberries, alleged to have been caused by the negligence of the express company in failing to deliver them at the appointed time.
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Appeal from Crawford Circuit Court; James Cochran, Judge; STATEMENT BY THE COURT. Appellees brought this,suit .against the express company for damages to 100 crates of strawberries, alleged to have been caused by the negligence of the express company in failing to deliver them at the appointed time. The contract of sale was made over the telephone from Oklahoma City to Van Burén, Arkansas, and R. S. Hynes, the witness who sold the berries testified: “I sold them to Mr. Thomas, manager, for $1.85 per crate, f. o. lb. (here, to be delivered in Oklahoma City. Proper connection was not made ¡at…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended for reversal that the court erred in the giving and refusing of said instructions and in the admission of incompetent testimony.(1) The law is well settled that the delivery of goods to a common carries when made in pursuance of an order to ship, is in effect a delivery to the consignee and the consignor thereafter has neither the title nor the right to the possession of the shipment nor to maintain an action for damage thereto. Roberts Cotton Oil Co. v. Grady, 105 Ark. 53; Gibson v. Inman Packet Co., 111 Ark. 521; Capitol Food Company v.…
2Cases cited4 opinions
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Roberts Cotton Oil Co. v. GradySupreme Court of Arkansas · 1912
- Warren & Ouachita Valley Railway Co. v. Southern Lumber Co.Supreme Court of Arkansas · 1914
- Capitol Food Co. v. ModeSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Insured Lloyds v. MayoSupreme Court of Arkansas · 1968
- St. Louis-San Francisco Railway Co. v. AllisonSupreme Court of Arkansas · 1923