Legal Opinion

St. Louis Southwestern Railway Co. v. Johnson

Supreme Court of Arkansas

Decided April 22, 1907PublishedCited by 2 opinions

Appeal from Monroe Circuit Court; George M. Chapline, Judge; 1. The court erred in directing a verdict for the plaintiff. 2. Without previous notice to the agents of the company that such things as field glasses, opera glasses, jewelry, etc., are to be included, no recovery can be had for their loss and in this case the question should have been submitted to the jury whether such articles were fairly to be construed as baggage. 100 U. S. 24; 57 Am.

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Appeal from Monroe Circuit Court; George M. Chapline, Judge; 1. The court erred in directing a verdict for the plaintiff. 2. Without previous notice to the agents of the company that such things as field glasses, opera glasses, jewelry, etc., are to be included, no recovery can be had for their loss and in this case the question should have been submitted to the jury whether such articles were fairly to be construed as baggage. 100 U. S. 24; 57 Am. Rep. 230; 11 Humph. 420; Hutchinson on Carriers, § 679; 25 S. W. 60; 74 Ark. 125. No issue was raised in the lower court, either in the answer or…

1Opinion of the CourtBattle, J.

Annie R. Johnson brought this action, in the Monroe Circuit Court, against the St. Louis Southwestern Railway Company to recover the value of lost baggage, alleging that on or about the 27th day of January, 1906, she purchased from the defendant, at Memphis, Tenn., a ticket for her transportation from that place to Clarendon in this State, and received a check from.it foriher trunk) and its .contentsand .through the .negligence of the defendant her trunk and its contents, of the value of $650.97, were lost; and shé filed a bill of particulars with her ootnplainR)showing the .contents of. .the…

2Cases cited1 opinion

  1. American Central Insurance v. NoeSupreme Court of Arkansas · 1905

3Cited by2 opinions

  1. Kansas City Southern Railway Co. v. SkinnerSupreme Court of Arkansas · 1908
  2. Jackson v. StateCourt of Appeals of Arkansas · 2004

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