Chicago, Rock Island & Pacific Railway Co. v. Miles
Supreme Court of Arkansas
Appeal from Rogan Circuit Court; Jeptha H. Evans, Judge; STATEMENT OE EACTS. The appellee sued appellant for damages which he alleged resulted to him by reason of the negligent failure of appellant to deliver a carload of Hereford cattle at Brady, Texas, on or before April 18, 1908. Appellee alleged that, before entering into the contract with appellant to deliver the cattle at Brady, he notified appellant that it was necessary for the cattle to be a Brady on or before the…
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Appeal from Rogan Circuit Court; Jeptha H. Evans, Judge; STATEMENT OE EACTS. The appellee sued appellant for damages which he alleged resulted to him by reason of the negligent failure of appellant to deliver a carload of Hereford cattle at Brady, Texas, on or before April 18, 1908. Appellee alleged that, before entering into the contract with appellant to deliver the cattle at Brady, he notified appellant that it was necessary for the cattle to be a Brady on or before the 18th of April, 1908, in order that they might be sold at a public auction sale to take place on that day, and that…
1DissentBattle, J.
The following statements of facts is made by the court: “There was evidence tending to show that the cattle did not reach Brady on the day specified because of the negligent delay in shipment by appellant and connecting carriers; that but for such delay the cattle would have passed the place en route and have been delivered before the unprecedented floods came that washed away a bridg-e which thereafter rendered it impossible to deliver the cattle at the place of destination in time for the auction sale. The testimony on behalf of appellant tended to show that the cattle would have reached…
2Cases cited8 opinions
- Railroad Co. v. ReevesSupreme Court of the United States · 1870
- St. Louis, Iron Mountain & Southern Railway Co. v. Commercial Union InsuranceSupreme Court of the United States · 1891
- Hoadley v. Northern Transportation Co.Massachusetts Supreme Judicial Court · 1874
- Dubuque Wood & Coal Ass'n v. City & County of DubuqueSupreme Court of Iowa · 1870
- Martin v. Railway Co.Supreme Court of Arkansas · 1892
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