Southern Grocery Co. v. Bush
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The liability of defendant as a common carrier had not terminated upon delivery to the compress company, but continued until the railway company had issued its release or clearance for the cotton.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The liability of defendant as a common carrier had not terminated upon delivery to the compress company, but continued until the railway company had issued its release or clearance for the cotton. It was proven that the railway company had established a custom of requiring consignees, before they could get cotton shipped to them, from the compress company, to pay the freight charges and then the railway company would issue its release or clearance. It was the fault of the railway company that the cotton was not delivered to…
1Dissent
McCULLOCH, C. J.,
(dissenting). .The test in this case is correctly stated in the majority opinion to be whether or not the warehouse company was the agent of appellant, or of appellee, in holding custody of the cotton, and I think the undisputed evidence determines that test in appellee’s favor. Appellant selected the place of delivery and gave general directions to appellee to deliver the cotton to the warehouse company, and the delivery was made in accordance with those instructions. The Peacock cotton was in possession of the warehouse company twelve days and the Mears cotton was in its…
2Cases cited4 opinions
- Phœnix Insurance v. StateSupreme Court of Arkansas · 1905
- Black v. WalterMichigan Supreme Court · 1890
- Arthur v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1887
- Travelers' Fire Insurance v. Globe Soap Co.Supreme Court of Arkansas · 1908