Bush v. Southern Grocery Co.
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The verdict is without evidence to support it. The testimony is different from that on the former appeal. 131 Ark. 155. The compress company’s manager did not testify here that he would not have delivered the cotton without the clearance and the contract between the railway and compress company is not in evidence.
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Appeal from Jefferson Circuit Court; W. B. Sorrells, Judge; 1. The verdict is without evidence to support it. The testimony is different from that on the former appeal. 131 Ark. 155. The compress company’s manager did not testify here that he would not have delivered the cotton without the clearance and the contract between the railway and compress company is not in evidence. There was a complete delivery of the cotton and' a verdict should have been directed for appellant. 2. The shipments were interstate and the Federal law governs. 219 U. S. 498; 227 Id. 111; 225 Id. 101; 241 Fed. 562.…
1Opinion of the CourtSmith, J.
The facts out of which this litigation arises are fully stated in the opinion delivered on a former appeal. Southern Grocery Co. v. Bush, Recvr., 131 Ark. 153. The controlling question of fact is whether certain consignments of cotton had been delivered by the railway company to the consignee. At the former trial the trial judge was of the opinion that the undisputed testimony showed that a completed delivery had been made, and, accordingly, directed a verdict in favor of the railway company. On the appeal, we reversed that judgment, because, in the opinion of the majority of the court, the…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
- Pratt v. Railway Co.Supreme Court of the United States · 1877
- Hammond Packing Co. v. MontanaSupreme Court of the United States · 1914
- St. Louis & San Francisco Railroad v. CoySupreme Court of Arkansas · 1914
- Hanlon v. SmithDistrict Court, N.D. Iowa · 1909
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3Cited by1 opinion
- Stephens v. WalkerSupreme Court of Alabama · 1928