St. L., I. M. & S. Ry. Co. v. Weakly
Supreme Court of Arkansas
APPEAL from Nevada Circuit Court. C. E. Mitchell, Ju'dge. 1. It was error to permit the Nashville contract to go to tbe jury until some proof was offered establishing the fact that the defendant was a party to it, directly or by its agent. No such proof was offered. The stock was received and transported under the Memphis contract, -and one of the appellees rode under it on defendant’s train free, and received his stock under it, thus recognizing it.
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APPEAL from Nevada Circuit Court. C. E. Mitchell, Ju'dge. 1. It was error to permit the Nashville contract to go to tbe jury until some proof was offered establishing the fact that the defendant was a party to it, directly or by its agent. No such proof was offered. The stock was received and transported under the Memphis contract, -and one of the appellees rode under it on defendant’s train free, and received his stock under it, thus recognizing it. Defendant was not a party to the Nashville contract and was bound by none of its provisions. 2. The exemptions of the Memphis contract, limiting…
1Opinion of the CourtBattle, J.
This is an action by Weakly & Grooch against the St. Louis, Iron Mountain & Southern.Railway Company to recover the value of a jack that died while in the course of transportation over defendant’s railway.
The facts, as shown by the testimony, were substantially as follows: On the 22d of December, 1884, plaintiff shipped, at Nashville, Tenn., by the Nashville, Chattanooga and St. Louis Railway, a car load of jacks consigned to themselves at Fort Worth, Texas. They were to be shipped - by way of Memphis, over the Memphis and Little Rock . Railroad to Little Rock, and thence over the defendant's…
2Cases cited13 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
- Railroad Co. v. Manufacturing Co.Supreme Court of the United States · 1873
- Grace v. AdamsMassachusetts Supreme Judicial Court · 1868
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
8 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Donlon Bros. v. Southern Pacific Co.California Supreme Court · 1907
- Lake Erie & Western Railroad v. HollandIndiana Supreme Court · 1903
- St. Louis, Iron Mountain & Southern Railway Co. v. SmithSupreme Court of Arkansas · 1907
- Harper Furniture Co. v. Southern Express Co.Supreme Court of North Carolina · 1907
- Bertig v. NormanSupreme Court of Arkansas · 1911
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