Gibson v. Little Rock & Hot Springs Western Railway Co.
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W H. Evans, Judge; 1. That appellees are liable in a ‘case of this kind is well settled, and, as between them, the presumption is that the damage to the goods was caused by the negligence of the last connecting carrier. 73 Ark. 112; 72 Ark. 502; 82 Ark. 150. It was appellee’s duty to furnish a car suitable for this class of goods, and it is not relieved of liability because of its contract with a refrigerator company to furnish a car…
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Appeal from Garland Circuit Court; W H. Evans, Judge; 1. That appellees are liable in a ‘case of this kind is well settled, and, as between them, the presumption is that the damage to the goods was caused by the negligence of the last connecting carrier. 73 Ark. 112; 72 Ark. 502; 82 Ark. 150. It was appellee’s duty to furnish a car suitable for this class of goods, and it is not relieved of liability because of its contract with a refrigerator company to furnish a car properly iced. 82 Ark. 143. 2. When there is any evidence introduced in the trial of a case upon which the minds and judgment…
1Opinion of the CourtMcCulloch, C. J.
Plaintiffs, Gibson & Draughn, instituted this action against the Little Rock & Hot Springs Western Railway Company and the St. Louis, Iron Mountain & Southern Railway Company to recover damages by reason of alleged negligence of said defendants in the transportation of a carload of perishable goods, consisting of oranges and other fruits and vegetables from St. Louis, Mo., to Hot Springs, Ark., over the two roads as connecting carriers. The goods were shipped in a refrigerator car, and negligence of the two defendant railroad companies is alleged in failing to properly ice the car or to care…
2Cases cited3 opinions
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. RenfroeSupreme Court of Arkansas · 1907
- Kansas City Southern Railway Co. v. EmbrySupreme Court of Arkansas · 1905
3Cited by3 opinions
- Nashville, Chattanooga & St. Louis Railway v. Truitt Co.Court of Appeals of Georgia · 1915
- Barry v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1920
- Missouri Pacific Railroad v. American Fruit Growers, Inc.Supreme Court of Arkansas · 1924