St. Louis, Iron Mountain & Southern Railway Co. v. Coolidge
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. PIance N. Hutton, Judge. Action by Coolidge against the St. Louis, Iron Mountain & Southern Railway Company to recover for damages to freight injured in transit. Judgment for plaintiff, from which defendant has appealed. The verdict is unsupported by the evidence.
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Appeal from Phillips Circuit Court. PIance N. Hutton, Judge. Action by Coolidge against the St. Louis, Iron Mountain & Southern Railway Company to recover for damages to freight injured in transit. Judgment for plaintiff, from which defendant has appealed. The verdict is unsupported by the evidence. At common law a carrier was not liable for loss by decay, where such loss is the result of nature, vice or defect, inherent in the goods carried, and in no sense the result of his own negligence. Story, Bailm. § 4920. As recognizing the right of the carrier to contract against liability for loss…
1Opinion of the CourtHiee, C. J.
The evidence fairly establishes these facts: On the evening of June 10, 1896, Coolidge delivered at Lexa, Ark., a car of potatoes, in good order, to appellant railroad for shipment over its line to St. Louis, thence by connecting carriers to the consignee in Chicago. The time which should have been consumed in the trip was two days, of which eight hours should be allowed the Chicago & Alton Railway, the connecting carrier at St. Louis, to deliver in Chicago. The time actually consumed was about sixty-five hours, instead of forty, from Lexa to St. Louis, and about fifteen, instead of eight,-…
2Cases cited16 opinions
- Laughlin v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1871
- Smith v. New York Central Rail RoadNew York Supreme Court · 1864
- City Electric Street Railway Co. v. ConerySupreme Court of Arkansas · 1895
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- Forrester v. Georgia RailroadSupreme Court of Georgia · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Southwestern Telegraph & Telephone Co. v. BruceSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. MackeySupreme Court of Arkansas · 1910
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. MarshallSupreme Court of Arkansas · 1905
23 more not listed; retrieve them via the Exa API.