St. Louis, Iron Mountain & Southern Railway v. Mudford
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The verdict is contrary to the evidence and is excessive. Plaintiff had no power to refuse to receive the goods and sue for their value. He could only sue for such damages as wére caused by1 the delay.
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APPEAL from Miller Circuit Court. Hon. C. E. Mitchel, Circuit Judge. The verdict is contrary to the evidence and is excessive. Plaintiff had no power to refuse to receive the goods and sue for their value. He could only sue for such damages as wére caused by1 the delay. (35 N. H, 1¡J00; 6 Hill, 588 ; Field on Damages, sec. 383; Story on Bailments, sec. 582; 12 N. Y.,-515 and 518; 28 Barb., 520; Angelí on Carriers, sec. 431-3.) The only damage caused plaintiff was that caused by loss of time in his search for the goods, not exceeding twenty-five dollars. 2. In case of unreasonable delay by a…
1Opinion of the CourtSmith, J.
Mudford filed the following complaint against the railway company, viz.:
“ The plaintiff alleges that heretofore on the eighth day of February, 1881, said defendant was a common, carrier for hire, from Texarkana, Miller County, Arkansas, to-Cairo, in the State of Illinois, and on said day received from plaintiff at said Texarkana, one box of gin-sharpening machines, for transportation to said Cairo, there to be delivered to a connecting carrier, to be forwarded to Goble Bros. ¿•'Co., at Cincinnati, Ohio.
“Said box of gin-sharpening machines was of the value of nine hundred and fifty dollars,…
2Cases cited1 opinion
- Scovill v. . GriffithNew York Court of Appeals · 1855
3Cited by8 opinions
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railway Co. v. NueschSupreme Court of Arkansas · 1911
- Lane v. Stitt & ReedSupreme Court of Arkansas · 1920
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