St. Louis, Iron Mountain & Southern Railway Co. v. Jones
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. Appellee, having been offered a choice of contracts and having for a consideration elected to take a contract limiting the liability of the carrier, was bound by its terms.
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Appeal from Lawrence Circuit Court, Eastern District; Charles Coffin, Judge; 1. Appellee, having been offered a choice of contracts and having for a consideration elected to take a contract limiting the liability of the carrier, was bound by its terms. Although forbidden on grounds of public policy from contracting against liability for loss or damage to goods by its own or its servants’ negligence, a carrier may, for a consideration, contract against liability as an insurer and against losses from unavoidable accident. 39 Ark. 148; Id. 523; 50 Ark. 397; 73 Ark. 112; 46 Ark. 236; 47 Ark. 97;…
1Opinion of the CourtBattle, J.
Charles Jones enclosed about thirty head of his cattle in the stock pen of the St. Louis, Iron Mountain & Southern Railway Company at Minturn, Arkansas, for shipment over its railway. About the 10th day of June, 1908, the cattle escaped from the pen. After much trouble and some expense he recovered a part of them. About eleven of them he never recovered. He brought this action against the railway company to recover the losses sustained by him by reason of their escape. He alleged in his complaint as follows: 1
“That on or about the 10th day of June, 1908, plaintiff made arrangements with the…
2Cases cited14 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. AyresSupreme Court of Arkansas · 1900
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railroad v. StroudSupreme Court of Arkansas · 1899
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3Cited by5 opinions
- St. Louis S. F. R. Co. v. ZickafooseSupreme Court of Oklahoma · 1913
- Lane v. PetersonCourt of Appeals for the Eighth Circuit · 1988
- Missouri Pacific Railroad Company v. KingSupreme Court of Arkansas · 1925
- Chickasaw Cooperage Co. v. Yazoo & Mississippi Valley RailroadSupreme Court of Arkansas · 1919
- Lane v. PetersonCourt of Appeals for the Eighth Circuit · 1988