Midland Valley Railroad v. Hoffman Coal Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. The Hoffman Coal Company brought this suit against the Midland Valley Railroad Company in the Sebastian Circuit Court for the Ft. Smith District, to recover damages for an alleged failure of the defendant to furnish cars for shipment of coal from the coal mine of the plaintiff.
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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; statement by the court. The Hoffman Coal Company brought this suit against the Midland Valley Railroad Company in the Sebastian Circuit Court for the Ft. Smith District, to recover damages for an alleged failure of the defendant to furnish cars for shipment of coal from the coal mine of the plaintiff. There was a jury trial, and a verdict for the plaintiff in the sum of $4,500. From a judgment rendered upon this verdict the defendant has duly prosecuted an appeal to this court. The abstract of counsel for defendant,…
1Opinion of the Court
Hart, J.,
(after stating the facts). I. Counsel for appellant first challenges the jurisdiction of the State courts. He insists that, as all the cars were to be used for interstate shipments, the count below was without jurisdiction; and that, under the Hepburn amendment to the Interstate Commerce Act, the forum in which appellee should have sought reparation was either the Interstate Commerce Commission, or the United States courts of competent jurisdiction. His chief reliance in support of his contention is based upon the decision of the Supreme Court of the United States in the case of the…
2Cases cited18 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Connolly v. Union Sewer Pipe Co.Supreme Court of the United States · 1902
- Continental Wall Paper Co. v. Louis Voight & Sons Co.Supreme Court of the United States · 1909
- Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
- Southern Railway Co. v. TiftSupreme Court of the United States · 1907
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Werthan Bag Corp. v. Agnew. Agnew v. Werthan Bag CorpCourt of Appeals for the Sixth Circuit · 1953
- Davis v. CornwellSupreme Court of the United States · 1924
- Midland Valley Railroad v. BarkleySupreme Court of the United States · 1928
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MitchellIndiana Supreme Court · 1910
- Southwest Power Company v. PriceSupreme Court of Arkansas · 1929
8 more not listed; retrieve them via the Exa API.