St. Louis Southwestern Railway Co. v. Phoenix Cotton Oil Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court; Frank Smith, Judge; 1. A carrier is not liable in damages for failure to ship promptly goods tendered to it for shipment, where there is an unavoidable shortage of cars resulting from an unforeseen and unexpected accumulation of business along its line. 70 Ark. 357; Id. 59; 61 Ark. 560; 43 L. R. A. 225 and notes.. 2. In 'this1 case the cotton was damaged when received. 3. Under the stipulation in the contracts providing against liability if…
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Appeal from Greene Circuit Court; Frank Smith, Judge; 1. A carrier is not liable in damages for failure to ship promptly goods tendered to it for shipment, where there is an unavoidable shortage of cars resulting from an unforeseen and unexpected accumulation of business along its line. 70 Ark. 357; Id. 59; 61 Ark. 560; 43 L. R. A. 225 and notes.. 2. In 'this1 case the cotton was damaged when received. 3. Under the stipulation in the contracts providing against liability if the cotton was injured from moisture, decay or dirt, appellee is not entitled to recover. 39 Ark. 523; 40 Ark. 375; 44…
1Opinion of the CourtHiru, C. J.
The Phoenix Cotton Oil Company of Memphis, Tenn., purchased cotton at Arkansas points and shipped it to Memphis over the line of the St. Louis Southwestern Railway Company. On November 27, 1906, one bale was shipped from Marmaduke; on December 14, 1906; five bales were shipped from the same place; on December 17, 1906, one bale was shipped from Paragould; on December 18, 1906, two bales were shipped from-Rector; and on December 29, 1906, seven bales were shipped from Marmaduke. These sixteen bales were delivered to the Oil Company in Memphis as follows: One bale on January 2, 1907; three on…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. StateSupreme Court of Arkansas · 1907
3Cited by4 opinions
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Midland Valley Railroad v. Hoffman Coal Co.Supreme Court of Arkansas · 1909
- Kansas City & Memphis Railway Co. v. OakleySupreme Court of Arkansas · 1914
- Hill v. HardySupreme Court of Arkansas · 1941