Legal Opinion

Railway Co. v. Lear

Supreme Court of Arkansas

Decided April 4, 1891PublishedCited by 3 opinions

APPEAL from Ouachita County. Charles W. Smith, Judge. James B. Lear and another brought replevin against the St. Louis, Iron Mountain and Southern Railway Company for a carload of horses and mules.

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APPEAL from Ouachita County. Charles W. Smith, Judge. James B. Lear and another brought replevin against the St. Louis, Iron Mountain and Southern Railway Company for a carload of horses and mules. It was proved that the plaintiffs were the owners of the horses sued for; that, on August 2, 1888, they shipped the hcrses from San Antonio, Texas, over the International and Great Northern Railway, via Longview Junction and Texarkana, to Camden, Arkansas; and that said carloads were billed through to that point; that at Longview Junction the International and Great Northern Railway Company…

1Opinion of the CourtHemingway, J.

Each of several lines of connecting carriers, engaging in the transportation of property under a bill of lading for a continuous carriage, may ordinarily pay the charges of previous carriers, and have a lien on the property for the amount advanced, as well as for its own charges. This rule is a part of the commercial law of the land, and, as it is said, of the world, springing from commercial convenience and necessity. It is to the special advantage of the shipper, as well as of the public; for it facilitates rapid transit without breaking bulk, and tends to lower rates. Each carrier is…

2Cases cited2 opinions

  1. Bissel v. PriceIllinois Supreme Court · 1855
  2. Guesnard v. Louisville & Nashville RailroadSupreme Court of Alabama · 1884

3Cited by3 opinions

  1. Loewenberg v. Railway Co.Supreme Court of Arkansas · 1892
  2. Arizona Eastern Railroad v. StewartArizona Supreme Court · 1915
  3. Price v. New York, Chicago & St. Louis RailroadSupreme Court of Arkansas · 1927

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