Jonesboro, Lake City & Eastern Railroad v. Dunavant
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Osceola. District ; W. J. Driver; Judge; 1. No negligence is shown. The uncontradieted evidence is that the shipment was .accepted subject to interference by high' waters, and that every effort was made to carry it to its destination.. The delay, however, even if negligent, did not malee appellant liable.
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Appeal from Mississippi Circuit Court, Osceola. District ; W. J. Driver; Judge; 1. No negligence is shown. The uncontradieted evidence is that the shipment was .accepted subject to interference by high' waters, and that every effort was made to carry it to its destination.. The delay, however, even if negligent, did not malee appellant liable. It is well settled that mere negligent delay on the part of a* carrier, followed by an act of (Jod.whidh prevented the performance of the contract of carriage, is not such negligence as wi] I render the carrier liable for breach of the contract. 36 Am.…
1Opinion of the CourtHart, J.
H. P. Dunavant sued the Jonesboro, Lake City & Eastern Railroad Company to recover damages on account of the alleged negligent delay in transporting a car of corn. The jury returned a verdict in favor of the plaintiff in the sum of $187.55 and the defendant has appealed.
The plaintiff proved a ¡state of facts substantially as follows: On the 2d day of April, 1913, a car of com was shipped from Hayti, Missouri, over the Frisco railroad through Osceola, Arkansas, to Wilson, Arkansas, consigned to H. P. Dunavant at Savage Crossing on the Jonesboro, Labe City & Eastern Railroad Company’s line. The…
2Cases cited4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. MilesSupreme Court of Arkansas · 1909
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. WoodSupreme Court of Arkansas · 1911
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- Southern Cotton Oil Co. v. New Orleans & N. E. R.Supreme Court of Louisiana · 1920
- Ins. Co. of North America v. FerrellSupreme Court of Arkansas · 1962
- Haglin-Stahr Co. v. Montpelier & Wells River RailroadSupreme Court of Vermont · 1918
- Mays v. Missouri North Arkansas Railroad Co.Supreme Court of Arkansas · 1925