Legal Opinion

Jonesboro, Lake City & Eastern Rd. v. Davenport

Supreme Court of Arkansas

Decided March 11, 1918Published

Appeal from Mississippi Circuit Court, Chickasawba District; W. J. Driver, Judge; 1. The justice had no jurisdiction, and the circuit court acquired none on appeal. 47 Ark. 59; 41 Id. 476; 66 Id. 346; 114 Id. 309; 44 Id. 100; 45 Id. 346. 2. Defendant was liable only as a warehouseman. 63 Ark. 344; 97 Id. 287; 6 Cyc. 456, n. 50, 673, n. 70. Negligence must be shown. 63 Ark. 355; 97 Id. 290; 42 Id. 200. None was shown. 3. The judgment is in conflict with the special findings.

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1Opinion of the Court

WOOD, J.,

(after stating the facts). 1. Appellant raises here the issue as to the jurisdiction of the court. Justices of the peace have “concurrent jurisdiction in the circuit court in matters of contract where the amount, in controversy does not exceed the sum of $300, exclusive of the interest.” Art. 7, § 40, Constitution. The facts alleged in the appellee’s complaint were sufficient to state a cause of action ex contractu. The relationship'between the appellee and appellant with reference to the baggage was contractual.. But even if the complaint were in form ex delicto, it stated a cause…

2Cases cited4 opinions

Fordyce v. NixSupreme Court of Arkansas · 1893
Kansas City Southern Railway Co. v. ThomasSupreme Court of Arkansas · 1911
St. L., I. M. & S. Railway v. HeathSupreme Court of Arkansas · 1883
Yazoo & Mississippi Valley Railroad v. AltmanSupreme Court of Arkansas · 1917