Joest v. Clarendon & Rosedale Packet Co.
Supreme Court of Arkansas
Appeal from. Monroe Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. The ’Clarendon & Rosedale Packet Company sued- P. H. Joest for the purpose of recovering the value of 136 sacks of rice alleged to be worth $408 and to -have been lost by feason of the negligence of the defendant.
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Appeal from. Monroe Circuit Court; Thomas C. Trimble, Judge; STATEMENT BY THE COURT. The ’Clarendon & Rosedale Packet Company sued- P. H. Joest for the purpose of recovering the value of 136 sacks of rice alleged to be worth $408 and to -have been lost by feason of the negligence of the defendant. The facts are as follows: The Clarendon & Rosedale Packet Company is a -corporation, and for some years had been engaged in operating a boat, between Clarendon, Arkansas, and Rosedale. Mississippi. The packet company is a common carrier of freight, and on or about October 31, 1914, received a cargo…
1Opinion of the Court
Hart, J.,
(after stating the facts). (1) It is first insisted by counsel for the defendant that he was not a common carrier. The evidence, however, .shows that hei was operating an incline for hire at the time the rice was 1 lost and that he undertook to carry the cargoes of all I vessels plying the river up the incline to the cars of the j railroad company. This made him a common carrier. Arkadelphia Milling Co. v. Smoker Merchandise Company, 100 Ark. 44.(2) The shipment in question was an interstate one. The packet company was the initial carrier. The undisputed evidence shows that the rice…
2Cases cited2 opinions
- Atlantic Coast Line Railroad v. Riverside MillsSupreme Court of the United States · 1911
- Kansas City & Memphis Railway Co. v. New York Central & Hudson River RailroadSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Fidelity & Casualty Co. of New York v. J. A. Jones Construction Co.District Court, E.D. Arkansas · 1961
- American Peanut Corp. v. St. Louis & Tennessee River Packet Co.Court of Appeals of Tennessee · 1926