Legal Opinion

St. Louis, Iron Mountain & Southern Railway Co. v. Deshong

Supreme Court of Arkansas

Decided February 13, 1897PublishedCited by 7 opinions

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

  1. New York, Lake Erie & Western Railroad v. EstillSupreme Court of the United States · 1893
  2. Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
  3. East Tennessee, Virginia & Georgia Railroad v. JohnstonSupreme Court of Alabama · 1884
  4. Fox v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1889
  5. Northern Transportation Co. v. McClaryIllinois Supreme Court · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by7 opinions

  1. Gulf, Colorado & Santa Fe Railway Co. v. CunninghamCourt of Appeals of Texas · 1908
  2. Thomas v. JacksonSupreme Court of Arkansas · 1912
  3. Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
  4. St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
  5. Laur v. StateSupreme Court of Arkansas · 1910

2 more not listed; retrieve them via the Exa API.

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