Bush v. Curry
Supreme Court of Arkansas
Appeal from Drew Circuit Court; Turner Butler, Judge; 1. There was no delay in the shipment and no rough handling. No negligence or want of due care was proven. Delivery was complete on delivery to the representatives of the commission people. 2. There was error in the court’s instruction on the question of delay. 63 Ark. 332; 81 Id. 474; 50 Id. 397. 3. There was error in the instructions as to notice.
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Appeal from Drew Circuit Court; Turner Butler, Judge; 1. There was no delay in the shipment and no rough handling. No negligence or want of due care was proven. Delivery was complete on delivery to the representatives of the commission people. 2. There was error in the court’s instruction on the question of delay. 63 Ark. 332; 81 Id. 474; 50 Id. 397. 3. There was error in the instructions as to notice. The provision in the contract was reasonable. 63 Ark. 372; 101 Id. 172;'82 Id. 353 ; 60 U. S. (L. Ed.) 948. No agent of the company had authority to waive notice. 203 Fed. 971. 4. There were…
1Opinion of the CourtMcCULLOCH, C. J.
Appellees shipped seven car loads of cattle over the railroad operated by appellant from Monticello, Arkansas, to East St. Louis, Illinois, and this is an action instituted by appellees to recover damages sustained by reason of injuries to the cattle while being transported by appellant. Five of the cars were consigned to the Moody Commission Company, and the other two cars were consigned to the Keys Commission Company, and damages on both shipments were laid in the sum of $761.87. The jury returned a verdict in appellee’s favor for recovery of the sum of $541.87, and judgment was rendered…
2Cases cited4 opinions
- People's Fire Insurance v. GoyneSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. NunleySupreme Court of Arkansas · 1915
- Lusk v. LongSupreme Court of Arkansas · 1917