St. Louis, Iron Mountain & Southern Railway Co. v. Law
Supreme Court of Arkansas
Appeal from Drew Circuit Court. Marcus L. Hawkins, Judge. A common carrier does not become responsible for the care and custody of property until it is delivered to it, and it has accepted it for shipment. 56 Ark. 288; Hutch.
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Appeal from Drew Circuit Court. Marcus L. Hawkins, Judge. A common carrier does not become responsible for the care and custody of property until it is delivered to it, and it has accepted it for shipment. 56 Ark. 288; Hutch. Carr. §§ 82, 94, 95. It was the appellee’s duty to see to the safety of the cattle until they were delivered to appellant; and his failure‘to use proper precautions to that end, and not the failure of appellant to furnish cars, was the proximate cause of the loss. Hence he cannot recover. 56 Ark. 263, 271; 63 Tex. 322; 55 Ark. 521; 139 U. S. 237. Where delay is caused by…
1Opinion of the CourtBattle, J.
John C. Law sued the St. Louis, Iron Mountain & Southern Railway Company for damages which were caused by the escape of his cattle from the stock pens of the defendant, in which they had been placed for shipment, and by the failure to ship them within a reasonable time after, they were ready and waiting for transportation. He alleged in his complaint that he notified the defendant’s agent that he would have 340 head of cattle at Portland, on the line of its railway, in this state, on the 23d of November, 1897, ready for shipment, and that he was informed that the- ears would be ready to…
2Cited by7 opinions
- American Lead Pencil Co. v. Nashville, Chattanooga & St. Louis RailwayTennessee Supreme Court · 1910
- St. Louis, Iron Mountain & Southern Ry. Co. v. BrooksherSupreme Court of Arkansas · 1908
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1908
- Hines v. MasonSupreme Court of Arkansas · 1920
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