Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Appellants instituted separate suits against' appellee to recover damages for appellee failing to furnish them cars for the shipment of peaches. These cases were consolidated and tried together in the court below. The same judgment was rendered in each case, and the issues involved in the appeal are the same.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; statement by the court. Appellants instituted separate suits against' appellee to recover damages for appellee failing to furnish them cars for the shipment of peaches. These cases were consolidated and tried together in the court below. The same judgment was rendered in each case, and the issues involved in the appeal are the same. The evidence adduced by appellants tends to prove substantially the following state of facts: Quite a number of people were engaged in the business of growing peaches for sale and…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for appellants first insist that the effect of the agreement made with Mr. Carstarphen, as detailed in the statement of facts, obviated the necessity of them ordering cars for the shipment of their peaches, and that it was the duty of the railway company to have the cars there at all times for the shipment of peaches, whether ordered by appellants or not. We do not agree with them in this contention. We have held that our statute requiring carriers to furnish, without discrimination or delay, sufficient facilities for the carriage of freight is not…
2Cases cited4 opinions
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Mauldin v. Seaboard Air Line Ry.Supreme Court of South Carolina · 1905
- St. Louis Southwestern Railway Co. v. Clay County Gin Co.Supreme Court of Arkansas · 1906
- Illinois Central Railroad v. BundyAppellate Court of Illinois · 1901
3Cited by4 opinions
- Hines v. MasonSupreme Court of Arkansas · 1920
- St. Louis, Iron Mountain & Southern Railway Co. v. TilbySupreme Court of Arkansas · 1915
- Dickinson v. RobertsonSupreme Court of Arkansas · 1920
- De Queen & Eastern Railroad v. ParkSupreme Court of Arkansas · 1920