Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There is no evidence that appellee lost anything on these grain shipments, even if it be conceded that they were unreasonably delayed.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. There is no evidence that appellee lost anything on these grain shipments, even if it be conceded that they were unreasonably delayed. It was error for appellee to assume that if a car .was delayed in transit it had a right to decline to receive it and compel appellant to take it and dispose of it and pay appellee the invoice price. 99 Ark. 568. 2. In a great majority of cases and cars there was no unreasonable delay. Seven days is not a long enough time and it was improper to count the day of the signing of the…
1Opinion of the CourtHart, J.
Appellee is a corporation dealing in grain in the City of Little Eock and appellant is a railroad corporation engaged in interstate commerce.
On August 8, 1914, appellee filed before a justice of the peace fifty separate claims against appellant to' recover damages for grain lost in transit and for negligent delay in transporting and delivering grain. The earliest claim bore the date of August 10, 1910, and the latest, of July 6, 1914. None of the claims exceeded the jurisdiction of the justice of the peace and were in various amounts from $2.65 to $138.75.
Judgment was rendered in favor of…
2Cases cited6 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. Planters' Gin & Oil Co.Supreme Court of Arkansas · 1908
- Kansas City & Memphis Railway Co. v. OakleySupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway v. MudfordSupreme Court of Arkansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Baldwin v. FenimoreSupreme Court of Kansas · 1939
- Gallup v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1919
- Missouri Pacific Railroad v. Pfeiffer Stone Co.Supreme Court of Arkansas · 1924
- American Locomotive Co. v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Goldsmith v. Florida East Coast Railway Co.Appellate Court of Illinois · 1920