Railway Co. v. Cravens
Supreme Court of Arkansas
Appeal from Johnson Circuit Court. -Jeremiah G. Waeeace, Judge. W. L. Cravens brought suit and recovered judgment against the Little Rock & Fort Smith Railway Company and the Missouri Pacific Railway Company.
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Appeal from Johnson Circuit Court. -Jeremiah G. Waeeace, Judge. W. L. Cravens brought suit and recovered judgment against the Little Rock & Fort Smith Railway Company and the Missouri Pacific Railway Company. The case is stated in the opinion. 1. Common carriers have the right to limit their common law liability by express contract, and the fire exemption clause is recognized as valid in the courts of this State and the United States. 32 Ark. 399 ; ib. 670 ; 39 id. 148; ib. 529 ; 44 id. 209 ; 46 id. 243; 47 id. 103; 50 id. 412 ; 52 id. 30 ; 6 How. 344; 17 Wall. 357; 22 id. 594; 16 id. 318; 21…
1Opinion of the CourtHemingway, J.
The plaintiff sued to recover the value of cotton that was burned without fault of the defendants, while they held it for shipment.
The defense was that the defendants were exempt from liability by the terms of the bills of lading under which they received the cotton.
It was alleged in the complaint and admitted in the answer that the defendants operated a line of road from Hartman, where the cotton was received, to the several points of consignment, and that they received the cotton under bills of lading containing provisions to the effect that they should not be liable except for losses…
2Cases cited5 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Little Rock & Fort Smith Ry. Co. v. EubanksSupreme Court of Arkansas · 1886
- Heiserman v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Buford v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1884
- Michigan Central Railroad v. HaleMichigan Supreme Court · 1859
3Cited by20 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Missouri, Kansas & Texas Railway Co. v. CarterCourt of Appeals of Texas · 1895
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HollowellIndiana Supreme Court · 1909
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
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