Tedford v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court; J. M. Jackson, Judg’e; STATEMENT BY THE COURT. Appellant was ’engaged in the automobile business in Little Rock and on December 25, 1909, sold to appellee, H. O. Penrose, an Overland automobile, for $1,645.30, and on the 29th. of the month, shipped the oar iat his request to Wheatley, Arkansas, over the Rock Island railroad, which issued a bill of lading showing it consigned to the order of shipper, Tedford Auto Company, notify H. O.…
Read the full summary
Appeal from Woodruff Circuit Court; J. M. Jackson, Judg’e; STATEMENT BY THE COURT. Appellant was ’engaged in the automobile business in Little Rock and on December 25, 1909, sold to appellee, H. O. Penrose, an Overland automobile, for $1,645.30, and on the 29th. of the month, shipped the oar iat his request to Wheatley, Arkansas, over the Rock Island railroad, which issued a bill of lading showing it consigned to the order of shipper, Tedford Auto Company, notify H. O. Penrose. Appellant attached a draft for the price of the automobile to the bill of lading, deposited it in the Bank of…
1Opinion of the Court
Kirby, J.,
(after stating the facts). Appellant contends that the court erred in giving instruction numbered 1, peremptory in effect, taking from the jury consideration of its plea of .the statute of limitations, .and we agree with the contention.
The railroad company brought suit against the Hunter State Biank and H. O. Penrose-, for damages for the wrongful taking of the automobile on December 30, 1909, shipped -over its line to- Wheatley, Arkansas. This suit was begun on the 30th day of April, 1910, against the s-a-i-d appellees -'and appellant did not become- a party thereto until iaf ter…
2Cases cited7 opinions
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Pennsylvania Co. v. Chicago, Milwaukee & St. Paul Railway Co.Illinois Supreme Court · 1893
- Hibben v. MaloneSupreme Court of Arkansas · 1908
- Rock Island Plow Co. v. MastersonSupreme Court of Arkansas · 1910
- Nashville, Chattanooga & St. Louis Railway v. DaleSupreme Court of Kansas · 1903
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Futrall v. City of Pine BluffCourt of Appeals for the Eighth Circuit · 1937
- Fidelity & Casualty Co. of New York v. State Ex Rel. Columbia CountySupreme Court of Arkansas · 1939
- Harford Metal Products Corp. v. Tidewater Express Lines, Inc.Court of Appeals of Maryland · 1944
- Missouri Pacific Railroad v. BlandSupreme Court of Arkansas · 1925
- Lusk v. Lawton Grain Co.Supreme Court of Oklahoma · 1918
1 more not listed; retrieve them via the Exa API.