Railway v. Shinn
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court. J. E. Cravens, Special Judge. As to the meaning of “earnings,” see Webster and Worcester Diets. The omnibus fare was not an earning within this definition ; nothing of profit, or reward, or wages was added to the the railroad receipts, except the five cents commissions. See pp U. S., ‡02. Gross earnings cannot include the profits made by a separate and distinct company, in which the railway did •not share.
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APPEAL from Johnson Circuit Court. J. E. Cravens, Special Judge. As to the meaning of “earnings,” see Webster and Worcester Diets. The omnibus fare was not an earning within this definition ; nothing of profit, or reward, or wages was added to the the railroad receipts, except the five cents commissions. See pp U. S., ‡02. Gross earnings cannot include the profits made by a separate and distinct company, in which the railway did •not share. Under the contract appellee is entitled to one-fifth of the •gross earnings. The railway charges seventy-five cents for a ticket from Russellville to…
1Opinion of the CourtCockrill, C. J.
The only question involved in this case is the true construction of the terms of a written contract. The record shows substantially the following state of facts :
The appellant owns a short line of railway running between Russellville to a point on the Arkansas river opposite the Town of Dardanelle. Shinn, the appellee, is proprietor of a steam ferry between Dardanelle and a point near the terminus of the railroad track. The company is known as the Dardanelle and Russellville Railway Company, and sells tickets to passengers and issues bills of lading for freight from the Town of Dardanelle to…
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