Railway Co. v. Dodd
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. . 1. In an action of tort, if it is shown that the fire was started by the railway company, the burden shifts, and it devolves upon the railway company to show itself free from negligence. 49 Ark. 535. The rule is different in actions ex contractu.
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Appeal from Sebastian Circuit Court, Fort Smith District. Edgar E. Bryant, Judge. . 1. In an action of tort, if it is shown that the fire was started by the railway company, the burden shifts, and it devolves upon the railway company to show itself free from negligence. 49 Ark. 535. The rule is different in actions ex contractu. When a bill of lading exempts loss by fire, it must be proved that the fire resulted from negligence. 39 Ark. 523; 52 Ark. 26 ; 44 id. 208. Where the liability is as a warehouseman, there is no presumption of negligence, and the burden is on plaintiff to show it. 20…
1Opinion of the CourtBattle, J.
On the 27th of October, 1887, C. H.. Ferrell & Company delivered to the Louisville & Nashville Railroad Company, at Humboldt, in Tennessee,, five boxes of fruit trees and plants, to be carried, delivered and forwarded to G. W. Dodd and W. W. Burnwath, at Hackett City, in this State, upon the following conditions: (1) The Louisville & Nashville Railroad Company, and the steamboats, railroad companies, and forwarding lines with which it is connected, and which received said property, should not be liable for loss by fire; (2) The contract of shipment should be executed, and the liabilities of…
2Cases cited5 opinions
- Barron v. EldredgeMassachusetts Supreme Judicial Court · 1868
- Pittsburgh, Cincinnati & St. Louis Railroad v. NelsonIndiana Supreme Court · 1874
- Chicago & Alton Railroad v. ScottIllinois Supreme Court · 1866
- Troxler v. Richmond & Danville RailroadSupreme Court of North Carolina · 1876
- Illinois Central Railroad v. FrazierIllinois Supreme Court · 1872
3Cited by24 opinions
- Oak Leaf Mill Co. v. CooperSupreme Court of Arkansas · 1912
- McCulloch v. HortonMontana Supreme Court · 1936
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. CoombsSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
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