Union Compress Co. v. Nunnally
Supreme Court of Arkansas
Appeal from Miller Circuit Court. STATEMENT BY THE' COURT. Appellee seeks by this action to recover for damage to sixty bales of cotton, which, he alleged, were delivered to appellant in December, 1896, to be taken care of and safely and securely kept for plaintiff. It is alleged that the damage was occasioned by the cotton being left on the platform of appellant unsheltered and exposed to the rain for a period of six months.
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Appeal from Miller Circuit Court. STATEMENT BY THE' COURT. Appellee seeks by this action to recover for damage to sixty bales of cotton, which, he alleged, were delivered to appellant in December, 1896, to be taken care of and safely and securely kept for plaintiff. It is alleged that the damage was occasioned by the cotton being left on the platform of appellant unsheltered and exposed to the rain for a period of six months. The damage was laid at $1,000. The answer denied negligence and liability, and any damage to plaintiff, and denied that defendant was engaged in the business of…
1Opinion of the Court
Wood, 3.,
(after stating the facts.) There was evidence from which the jury might have concluded that the compress company received the cotton, and expected to charge storage for same. There was also proof to justify the conclusion that the compress company received the cotton with the expectation of getting its compensation for keeping same in the way of charges for compressing. In either event, the appellant would be a bailee for hire. We will not discuss the evidence in detail, but a finding that the compress company was not a gratuitous bailee is certainly abundantly supported by the…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. HensonSupreme Court of Arkansas · 1895
3Cited by11 opinions
- Bertig v. NormanSupreme Court of Arkansas · 1911
- Citizens' Nat. Bank of Jasper v. Ratcliff & LanierTexas Commission of Appeals · 1923
- Warren v. GeaterSupreme Court of Arkansas · 1943
- Exporters' & Traders' Compress & Warehouse Co. v. WillsCourt of Appeals of Texas · 1918
- Inland Compress Co. v. SimmonsSupreme Court of Oklahoma · 1916
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