Kansas City Southern Railway Co. v. Morrison
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellants as common carriers alleging a neglect of duty in failing to deliver a shaft rod for his gin within a reasonable time after receiving it for transportation. Appellee lived at Antimony, Howard County, Arkansas, and owned a gin about two miles south of his home.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COURT. Appellee brought this suit against appellants as common carriers alleging a neglect of duty in failing to deliver a shaft rod for his gin within a reasonable time after receiving it for transportation. Appellee lived at Antimony, Howard County, Arkansas, and owned a gin about two miles south of his home. The main shaft of the gin was broken in September, 1910. Appellee made a contract with the Thomas-Fordyce Manufacturing Company of Little Rock, Arkansas, to make a new shaft, and the broken shaft was…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellants first object that the court erred in allowing Fordyce to state, in answer to interrogatory 6, that he had received a communication from Morrison relative to the shipment of the gin shaft rod to his company for the purpose of repairing it or manufacturing a new one. Even if it be conceded that his testimony in this respect was hearsay, it is immaterial, for the undisputed evidence shows that the gin shaft rod was shipped to his company for the purpose of being used as a model in making a new one.
It is next contended by counsel for…
2Cases cited6 opinions
- Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904
- Chicago, Rock Island & Pacific Railway Co. v. Planters' Gin & Oil Co.Supreme Court of Arkansas · 1908
- Railway Co. v. NevillSupreme Court of Arkansas · 1895
- St. Louis, Iron Mountain & Southern Railway Co. v. TownesSupreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. DeshongSupreme Court of Arkansas · 1897
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Haynes v. GwinSupreme Court of Arkansas · 1919
- Missouri Pacific Railroad v. MartindaleSupreme Court of Arkansas · 1919
- Jonesboro, Lake City & Eastern Railroad v. DunavantSupreme Court of Arkansas · 1915
- St. Louis-San Francisco Railway Co. v. GreigSupreme Court of Arkansas · 1930
2 more not listed; retrieve them via the Exa API.