St. Louis, Iron Mountain & Southern Railway Co. v. Laser Grain Co.
Supreme Court of Arkansas
Appeal from Johnson Circuit Court; Hugh Basham,, Judge; STATEMENT BY THE COURT. This suit was brought by the Laser Grain Company to recover damages alleged to have arisen from the negligence of the railway company in the shipment of twenty-seven car loads of peaches from designated points in this State to various points in other States. Some of the peaches were loaded in cars used for shipment of meat, the railway company furnishing them for the use.
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Appeal from Johnson Circuit Court; Hugh Basham,, Judge; STATEMENT BY THE COURT. This suit was brought by the Laser Grain Company to recover damages alleged to have arisen from the negligence of the railway company in the shipment of twenty-seven car loads of peaches from designated points in this State to various points in other States. Some of the peaches were loaded in cars used for shipment of meat, the railway company furnishing them for the use. It was alleged that the peaches were damaged, occasioning the loss on account of unreasonable delay in •transportation, failure to furnish…
1Opinion of the Court
Kirby, j.,
(after stating the facts). (1-2-3) Appellant’s first contention is that the court erred in not finding in its favor because no claim in writing for damages was made to the carrier within four months after the delivery of the shipment, as required .by the bills of lading. A stipulation of like kind in a bill of lading or contract of carriage has been held reasonable and valid and the failure of the shipper to present his claim in writing within the time specified, conclusive of his right to recover. See Chicago, R. I. & P. Ry. Co. v. Williams, 101 Ark. 436; Chicago, R. I. & P. Ry.…
2Cases cited6 opinions
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. ShepherdSupreme Court of Arkansas · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. TilbySupreme Court of Arkansas · 1915
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Missouri Pacific Railroad v. HendersonSupreme Court of Arkansas · 1923
- St. Louis Southwestern Railway Co. v. TuckerSupreme Court of Arkansas · 1923
- Dickinson v. RobertsonSupreme Court of Arkansas · 1920