Kansas City Southern Railway Co. v. Bull
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COUKT. Charles Bull brought this suit against the railway company to recover damages for an alleged overcharge upon a shipment of freight from Cimarron, Kansas, to De Queen, Arkansas, and for damages alleged to have been caused to his live stock kept by the company in muddy stock pens at the point of destination, pending the adjustment of the freight charge.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; STATEMENT BY THE COUKT. Charles Bull brought this suit against the railway company to recover damages for an alleged overcharge upon a shipment of freight from Cimarron, Kansas, to De Queen, Arkansas, and for damages alleged to have been caused to his live stock kept by the company in muddy stock pens at the point of destination, pending the adjustment of the freight charge. The complaint alleged that the plaintiff paid $88, the . full freight charged for the shipment, and that upon arrival at DeQueen, the carrier wrongfully…
1Opinion of the Court
Kirby, J.,
(after stating the facts). (1) It is contended that the court erred in directing a verdict against appellant for the alleged $11.88 overcharge, and in refusing to direct a verdict in its favor on the second count of the complaint, claiming damages to' the cattle, during the time of the refusal to deliver them because of appellee’s failure to pay the freight charges demanded.
There was testimony tending to show that the weight of the shipment was more than the 20,000 pounds minimum upon which the freight was charged. The waybill shows weight 23,700, and plaintiff stated he was present…
2Cases cited6 opinions
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- St. Louis, Iron Mountain & Southern Railway Co. v. HolmesSupreme Court of Arkansas · 1908
- Williams v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1912
- Hafer v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
- Missouri & North Arkansas Railroad v. WardSupreme Court of Arkansas · 1914
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3Cited by2 opinions
- Midwest Bus Lines, Inc. v. WilliamsSupreme Court of Arkansas · 1968
- City of Hot Springs v. National Surety Co.Supreme Court of Arkansas · 1975