Hudgins Produce Co. v. Missouri Pacific Railroad
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Geo. R. Hayme, Judge; 1. The delay was unreasonable and resulted in the loss of the car of potatoes. Both defendants were liable. The railway companies were of course liable, but they were the agents of Yarley & Co. and they were liable also. The contract was to deliver the car to plaintiff at Texarkana, Ark., and Hudgins Co. are not required to look to the railway companies alone for reimbursement. 118 Ark. 20, and notes to 5 Am. & Eng.
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Appeal from Miller Circuit Court; Geo. R. Hayme, Judge; 1. The delay was unreasonable and resulted in the loss of the car of potatoes. Both defendants were liable. The railway companies were of course liable, but they were the agents of Yarley & Co. and they were liable also. The contract was to deliver the car to plaintiff at Texarkana, Ark., and Hudgins Co. are not required to look to the railway companies alone for reimbursement. 118 Ark. 20, and notes to 5 Am. & Eng. Ann Cases 263, and 2 L. E. A. (N. S.) 79. The rule is recognized in 77 Ark. 482; 88 Ark.-270 ; 89 Id. 342; 92 Id. 287.…
1Opinion of the CourtMcCULLOCH, C. J.
Plaintiff Hudgins Produce Company is a domestic corporation engaged in the wholesale mercantile business in the City of Texarkana, and instituted this action against the defendant Missouri Pacific Railroad Company and Varley & Company, a foreign corporation, to recover damages on account of delay in the delivery of a carload of seed potatoes purchased by plaintiff from defendant Varley & Company. Varley & Company were doing business in Minneapolis, and the contract with plaintiff for the sale of the potatoes was negotiated through L. F. Eck, a broker in Texarkana. The contract and the…
2Cases cited3 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis, Iron Mountain & Southern Railway Co. v. GibsonSupreme Court of Arkansas · 1914
- Bush v. TaylorSupreme Court of Arkansas · 1918