Kansas City Southern Railway Co. v. Tonn
Supreme Court of Arkansas
Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. Appellee can not recover any damages, because, under his own proof, he was not entitled to possession of the property. The carrier has a lien on the goods transported for all charges due, and the right to possession until all charges are paid.
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Appeal from Polk Circuit Court; Jefferson T. Cowling, Judge; 1. Appellee can not recover any damages, because, under his own proof, he was not entitled to possession of the property. The carrier has a lien on the goods transported for all charges due, and the right to possession until all charges are paid. Elliott on Railroads, § 1571; 42 Ark. 313; 67 Ark. 135; 37 Ark. 544; 16 Ark. 90. 2. Ihe court had no jurisdiction of this cause, but the question involved here, construing the schedule of tariffs and thus determining the rates on emigrant movables, is one. solely for the Interstate Commerce…
1Opinion of the CourtFrauenthal, J.
The appellee, E. A. Tonn, in March, 1909, moved his home from New London, in the State of Wisconsin, to Mena, in the State of Arkansas. He was the owner of certain personal property, consisting of household goods, farming implements, and 250 bushels of potatoes, which he desired to ship from New London to Mena. He intended to use these potatoes for planting purposes in his new home in Arkansas, and applied at New London to the station agent of the Chicago & Northwestern Railroad Company for emigrant rates on his personal effects shipped from that point to Mena. He was informed by said agent…
2Cases cited9 opinions
- Texas & Pacific Railway Co. v. Abilene Cotton Oil Co.Supreme Court of the United States · 1907
- Ferguson v. CarrSupreme Court of Arkansas · 1908
- Greer v. VaughanSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. MarxSupreme Court of Arkansas · 1904
- St. Louis Southwestern Railway Co. v. GramlingSupreme Court of Arkansas · 1911
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3Cited by15 opinions
- Great Northern Railway Co. v. Merchants Elevator Co.Supreme Court of the United States · 1922
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- National Elevator Co. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1917
- State Life Insurance v. GoodrumSupreme Court of Arkansas · 1934
- Reliance Elevator Co. v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1917
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