St. L., I. M. & S. Ry. Co. v. Mudford
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Judge. Under the decision in this case, J¡Jf. Ark., 1¡.1¡.S, nothing could in this second trial be recovered for the value of the goods. The carrier received, carried and tendered the goods in good condition to plaintiff, or his consignees, but plaintiff refused to receive them. So plaintiff was compelled to resort to his plea of special damages to recover anything. Time was not the essence of this contract of shipment.
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APPEAL from Nevada Circuit Court. Hon. L. A. Byrne, Judge. Under the decision in this case, J¡Jf. Ark., 1¡.1¡.S, nothing could in this second trial be recovered for the value of the goods. The carrier received, carried and tendered the goods in good condition to plaintiff, or his consignees, but plaintiff refused to receive them. So plaintiff was compelled to resort to his plea of special damages to recover anything. Time was not the essence of this contract of shipment. The contract does not show it, and, indeed, plaintiff nowhere claims it; but plaintiff to avoid'this, alleged in his…
1Opinion of the CourtBattle, J.
Plaintiff alleged in his complaint, that he, on the 8th of February, 1881, shipped over the defendant’s road, from Texarkana, Arkansas, one box containing forty-seven gin sharpening machines, consigned to Goble Brothers, Cincinnati, Ohio; “that at the time of the shipment, plaintiff and his agents at various places, had contracted and taken sundry orders for the machines greater than the number shipped, and that said machines had been contracted and bargained away for $25 each; that the machines shipped Tvere the only ones plaintiff had for the purpose of filling these orders; that owing to…
2Cases cited4 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Sisson v. Cleveland & Toledo RailroadMichigan Supreme Court · 1866
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Miss. Central Railroad v. KennedyMississippi Supreme Court · 1868
3Cited by10 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
- Northwestern Steam Boiler & Mfg. Co. v. Great Lakes Engineering WorksCourt of Appeals for the Eighth Circuit · 1910
- Chicago, Rock Island & Pacific Railway Co. v. KingSupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. Planters' Gin & Oil Co.Supreme Court of Arkansas · 1908
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