Missouri Pacific Railroad v. Martindale
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Geo. R. Hayme, Judge; 1. There was error in plaintiff’s first instruction, and the error was not cured in any other.
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Appeal from Nevada Circuit Court; Geo. R. Hayme, Judge; 1. There was error in plaintiff’s first instruction, and the error was not cured in any other. It fails to require the jury to find a causal connection between the .unreasonable delay, if any, and the killing and injuries to the Cattle, and not only is there no testimony from which the jury could infer such causal connection, but the affirmative testimony shows there was no such causal connection for it is undisputed in the evidence that there was no delay in transportation from Prescott to Hoxie and that the train was handled in…
1Opinion of the CourtHumphreys, J.
Appellee instituted suit against appellant in the Nevada Circuit Court to recover damages to a car load of cattle shipped by him from Prescott, Arkansas, to his consignee, Woodson-Fennewald Commission Company, at National Stock Yards, Illinois, to be sold on the market. It was alleged in the complaint that the shipment was made under a contract binding appellant to safely carry and deliver the cattle, to the consignee, bnt, upon reaching their destination, it was discovered that fifteen head were dead, three crippled, and a number bruised, to the damage of appellee in the sum of $880; that,…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Kansas City Southern Railway Co. v. MabrySupreme Court of Arkansas · 1914
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Wichita Valley Ry. Co. v. BaldwinCourt of Appeals of Texas · 1925
- Forkner v. Louisville Nashville Railroad CompanyCourt of Appeals of Kentucky (pre-1976) · 1930
- Hill v. Great Northern Railway Co.Washington Supreme Court · 1930
- Ingram v. Davis, AgentSupreme Court of South Carolina · 1926
- Louis Ilfeld Co. v. Southern Pac. Co.Court of Appeals for the Tenth Circuit · 1931
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