Des Arc Oil Mill v. Western Union Telegraph Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The appellee is liable on the first cause of action for its negligence. It introduced no testimony whatever, nor did it introduce any provision limiting its liability, nor any testimony that it had filed with the Interstate Commerce Commission any rules or regulations limiting its liability.
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Appeal from Pulaski Circuit Court, Third Division; G. W. Hendricks, Judge; 1. The appellee is liable on the first cause of action for its negligence. It introduced no testimony whatever, nor did it introduce any provision limiting its liability, nor any testimony that it had filed with the Interstate Commerce Commission any rules or regulations limiting its liability. This was an essential showing as a defense. 223 U. S. 573; 191 S. W. 817. If a provision limiting liability had been shown it was not valid nor binding. 38 U. S. Stat. L. 1196, Fed. Stat. Ann. Suppl. 1916, p. 124; 196 S. W. 516;…
1Opinion of the CourtMcCULLOCH, C. J.
This is an action instituted by appellant against appellee telegraph company to recover damages for alleged negligence of appellee’s servants in failing to correctly transmit and deliver a telegraphic message. Appellee did not introduce any testimony concerning the transaction and appellant’s testimony is undisputed. The trial court decided that no liability on the part of the telegraph company was shown and gave a peremptory instruction to the jury to return a verdict in appellee’s favor.
Appellant operated an oil mill in Arkansas and maintained an office in the city of Little Eock. On…
2Cases cited26 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
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3Cited by11 opinions
- Bowman & Bull Co. v. Postal Telegraph-Cable Co.Illinois Supreme Court · 1919
- Holtz v. Western Union Telegraph Co.Massachusetts Supreme Judicial Court · 1936
- Western Union Telegraph Co. v. ChappelleSupreme Court of Arkansas · 1929
- Western Union Telegraph Co. v. T. C. Davis Cotton Co.Supreme Court of Arkansas · 1926
- Harris v. Western Union Telegraph Co.Supreme Court of Arkansas · 1918
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