St. Louis, Iron Mountain & Southern Railway Co. v. Dague
Supreme Court of Arkansas
Appeal from Miller Circuit Court; W. E. Arnold, Special Judge; STATEMENT OP PACTS. M. H. Dague sued the St. Louis, Iron Mountain & Southern Railway Company ito recover damages for the loss of certain property which he delivered to the railroad company at Newport, Arkansas', for shipment to Texarkana, Arkansas.
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Appeal from Miller Circuit Court; W. E. Arnold, Special Judge; STATEMENT OP PACTS. M. H. Dague sued the St. Louis, Iron Mountain & Southern Railway Company ito recover damages for the loss of certain property which he delivered to the railroad company at Newport, Arkansas', for shipment to Texarkana, Arkansas. It appears from the record that on the ,19th day of December, 1913, the plaintiff delivered to the defendant for transportation a certain model machine of a soil pulverizer for which he had letters patent; and that at the time he made the delivery he explained to the defendant the…
1Opinion of the Court
Hart, J.,
(.after stating the facts). (1) In the case of Southern Express Co. v. Owens, 146 Ala. 412, 9 Am, & Eng. Ann. Cas. 1143, the 'Court held that in an action to recover for the loss of an article which had no market value the measure of damages should be the value of the article to the plaintiff, and, in .ascertaining this value, inquiry may be made into the constituent elements and the cost 'to the plaintiff of producing the article. In that case the court said:
‘ ‘ Ordinarily, where property has a market value that can he ¡shown, ¡such value is the criterion by which actual damages for…
2Cases cited1 opinion
- Southern Express Co. v. OwensSupreme Court of Alabama · 1906
3Cited by3 opinions
- Zenier v. Spokane International Railroad CompanyIdaho Supreme Court · 1956
- Richardson v. SalleeSupreme Court of Arkansas · 1944
- St. Louis Southwestern Railway Co. v. TuckerSupreme Court of Arkansas · 1923