Railway Co. v. Spann
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court. Rueus D. Hearn, Judge. A. J. Spann brought suit against the St. Douis, Iron Mountain & Southern Railway Company.
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Appeal from Hempstead Circuit Court. Rueus D. Hearn, Judge. A. J. Spann brought suit against the St. Douis, Iron Mountain & Southern Railway Company. The complaint alleged in substance that, on May 20, 1890, the .plaintiff, at Texarkana, Ark., delivered two carloads of horses and colts to defendant for transportation to Cairo, 111., thereto be delivered to the connecting carrier for transportation to Carbondale, 111. That defendant, for a consideration that was paid, received said stock, and agreed safely to carry and deliver the same at Cairo, 111.; that, disregarding its duty, it did not…
1Opinion of the CourtHemingway, J.
This case presents the question determined in Railway Co. v. Cravens, ante, p. 112.
The plaintiff did not in this case, as in that, intro- ... duce proof to show that he had no option in accepting the bill of lading, or that he accepted it because he could not procure a shipment of his horses without doing so; but the facts above appear by the recitals of the bill of lading upon which the defendant relied, and the defense therefore failed. The bill of lading was upon a printed form, and contained fifteen sections limiting the defendant’s common law liability. It provided that the company’s…
2Cited by6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- Murphy v. Wells-Fargo & Co. ExpressSupreme Court of Minnesota · 1906
- First Nat. Bk. of Minneapolis v. MalvernSupreme Court of Arkansas · 1926
- Kansas City, Fort Scott & Memphis Railway Co. v. SharpSupreme Court of Arkansas · 1897
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