Kansas City, Pittsburg & Gulp Railroad v. State
Supreme Court of Arkansas
Appeal from Benton Circuit Court. Edward-S. McDaniel, Judge. Where a passenger contracts and pays for the transportation of goods at first-class freight rates, it is immaterial that such goods are checked as baggage. 127 111. 598; S. O. 20 N. E. 662; 4 Elliott, Bailroads, §1650. The contract in this case fixed the character of the goods as freight. 4 Elliott, Bailroads, § 1650; 20 Am.
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Appeal from Benton Circuit Court. Edward-S. McDaniel, Judge. Where a passenger contracts and pays for the transportation of goods at first-class freight rates, it is immaterial that such goods are checked as baggage. 127 111. 598; S. O. 20 N. E. 662; 4 Elliott, Bailroads, §1650. The contract in this case fixed the character of the goods as freight. 4 Elliott, Bailroads, § 1650; 20 Am. St. Bep. 228. The check is a mere token, and does not, of itself, constitute a contract of carriage. 16 Am. & Eng. B. Cas. 188. Samples of a traveling salesman are not baggage. 6 Hill, 586; 126 Mass. 121; 98…
1Opinion of the CourtBattle, J.
An act entitled “An act to regulate charges on excess baggage on all railroads propelled by steam or electricity in this state over five miles in length,” approved April 19, 1895, provides:
“Section 1. It shall be unlawful for any railroad in this state, over five miles in length, run by steam or electricity, to charge more than twelve and one-half per cent, of the cost of a first-class fare between all points in this state, per hundred pounds, for excess baggage, over (150 lbs.) one hundred and fifty pounds; provided, that the minimum charge for excess, where the same does not exceed 200…
2Cases cited7 opinions
- Hannibal Railroad v. SwiftSupreme Court of the United States · 1871
- Humphreys v. PerrySupreme Court of the United States · 1893
- Michigan Central Railroad v. CarrowIllinois Supreme Court · 1874
- Alling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1879
- Miss. Central Railroad v. KennedyMississippi Supreme Court · 1868
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3Cited by3 opinions
- Little Rock & Hot Springs Western Railroad v. RecordSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. MillerSupreme Court of Arkansas · 1912
- Sutton v. PayneNebraska Supreme Court · 1923