St. Louis, Iron Mountain & Southern Railway Co. v. Deshong
Supreme Court of Arkansas
Appeal from Clark Circuit Court. Rueus D. Hearn, Judge, The court erred in ruling out the written contract of shipment. 46 Ark. 238, 240-6; 50 id. 397. The clauses exempting from liability were reasonable and valid. Cases sujra; 57 Ark. 112; 11 So. Rep. 791; 24 S. W. Rep. 355; 18 S. F. Rep. 88; 59 Fed.
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Appeal from Clark Circuit Court. Rueus D. Hearn, Judge, The court erred in ruling out the written contract of shipment. 46 Ark. 238, 240-6; 50 id. 397. The clauses exempting from liability were reasonable and valid. Cases sujra; 57 Ark. 112; 11 So. Rep. 791; 24 S. W. Rep. 355; 18 S. F. Rep. 88; 59 Fed. Rep. 879; 8 C. C. App. 341; 24 S: W. Rep.. 354; 21 id. 77: 78 Tex. 374; 14 S. W. Rep. 666. It is legitimate for a carrier by contract to provide a reasonable time within which notice of claim for loss, etc., shall be given as a condition for liability. 21 Wall. 264; 54 Miss. 566; 28‘Am. Rep.…
1Opinion of the CourtBattee, J.
Deshong- brought this action against the St. Bouis, Iron Mountain & Southern Railway Company. He stated in his complaint that the railway company entered into a contract with him on the 21st of March, 1893, and thereby agreed, for a consideration paid to the defendant, to carry safely and in a reasonable time twenty-four horses (a car load) from the city of St. Bouis to the city of Texarkana, and to deliver them at the latter place to a connecting carrier for carriage to Tyler, in the state of Texas, their place of destination; that the horses were delivered to the railway company at 6…
2Cases cited6 opinions
- New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
- Fox v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
- Northern Transportation Co. v. McClaryIllinois Supreme Court · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gulf, Colorado & Santa Fe Railway Co. v. CunninghamCourt of Appeals of Texas · 1908
- Thomas v. JacksonSupreme Court of Arkansas · 1912
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- Laur v. StateSupreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.