Arkansas Midland Railroad v. Moody
Supreme Court of Arkansas
Appeal from Monroe Circuit Court; Eugene Lankford, Judge; statement by the court. Appellee shipped over appellant’s line of railway from Blackton to Helena two bales of cotton weighing 1120 pounds, and worth 11J2 cents per pound. The cotton was consigned to Lee Pendergrass. The cotton was shipped on the 29th day of November, 1906.. The cotton was in good condition when received by the appellant.
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Appeal from Monroe Circuit Court; Eugene Lankford, Judge; statement by the court. Appellee shipped over appellant’s line of railway from Blackton to Helena two bales of cotton weighing 1120 pounds, and worth 11J2 cents per pound. The cotton was consigned to Lee Pendergrass. The cotton was shipped on the 29th day of November, 1906.. The cotton was in good condition when received by the appellant. It was shipped under a limited liability contract entered into with appellee for a reduced consideration in the freight rate. The uncontradicted proof was that the cotton was delivered by appellant to…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The agent of the compress company, who received the cotton from appellant at Helena, testified: “That the letters ‘O. K.,’ over his signature on the receipt, indicated that the three bales of cotton from H. W. Moody to Lee Pendergrass were received by the Citizen’s Compress Company in good order on the 5th day of December, 1906.”
If the compress company was the agent of Pendergrass, the consignee, then-, when the cotton was delivered to it in “good order,” the duty of appellant was terminated, and it was no longer liable to appellee. If, on the other hand,…
2Cases cited2 opinions
- Ward Furniture Manufacturing Co. v. IsbellSupreme Court of Arkansas · 1907
- Merchants' Grocery Co. v. Ladoga Canning Co.Supreme Court of Arkansas · 1909
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