Legal Opinion

Arkadelphia Milling Co. v. Smoker Merchandise Co.

Supreme Court of Arkansas

Decided July 10, 1911PublishedCited by 18 opinions

Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The milling company, being draymen and engaged in the transportation of goods for hire, are common carriers. 2 Dana 430; 26 Am. Dec. 466; 116 Ky. 907; Hutch, on Car., 61. McMillan & McMillan, for the Arkadelphia Milling Company.

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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The milling company, being draymen and engaged in the transportation of goods for hire, are common carriers. 2 Dana 430; 26 Am. Dec. 466; 116 Ky. 907; Hutch, on Car., 61. McMillan & McMillan, for the Arkadelphia Milling Company. This court will take that view of the evidence most favorable to the party against whom the verdict was directed. 89 Ark. 372. The milling company was entitled to the same time that the ■ owners would have been entitled to for the removal of the flour from the car. 77 Ark. 487. As to what this time is, see 60…

1Opinion of the CourtFrauenthal, J.

These were four separate suits instituted by the respective plaintiffs below against the defendants, the St. Louis, Iron Mountain & Southern Railway Company and the Arkadelphia Milling Company, as common carriers for the recovery of the value of certain merchandise which was lost while in the course of transportation. The four cases were consolidated for the purpose of trial, and, after the introduction ■ of all the testimony by the parties, the court directed the jury to return a verdict in favor of the St. Louis, Iron Mountain & Southern Railway Company, and against the Arkadelphia Milling…

2Cases cited15 opinions

  1. Jackson Architectural Iron Works v. HurlbutNew York Court of Appeals · 1899
  2. Fish v. Chapman & RossSupreme Court of Georgia · 1847
  3. Richardson v. GoddardSupreme Court of the United States · 1860
  4. Tarbell v. . Royal Exchange Shipping Co.New York Court of Appeals · 1888
  5. Martin v. Railway Co.Supreme Court of Arkansas · 1892

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3Cited by18 opinions

  1. State ex rel. State Railway Commission v. RamseyNebraska Supreme Court · 1949
  2. Merchants' Transfer & Warehouse Co. v. GatesSupreme Court of Arkansas · 1929
  3. Alpha Zeta Chapter of Pi Kappa Alpha Fraternity v. SullivanSupreme Court of Arkansas · 1987
  4. Houle v. LewonisMassachusetts Supreme Judicial Court · 1923
  5. Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912

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