Little Rock, Mississippi River & Texas Railway Co. v. Glidewell
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. Hon. X. J. Pindall, Circuit Judge. . The railroad was not at the time a common carrier; it was in process of construction; it had no agents authorized to receive or contract for freight; it ran no trains. The employés of the ‘contractors .using the construction train had no authority to bind the company. There was no agreement or undertaking by any one to forward the freight to Collierville, Tenn.
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APPEAL from Desha Circuit Court. Hon. X. J. Pindall, Circuit Judge. . The railroad was not at the time a common carrier; it was in process of construction; it had no agents authorized to receive or contract for freight; it ran no trains. The employés of the ‘contractors .using the construction train had no authority to bind the company. There was no agreement or undertaking by any one to forward the freight to Collierville, Tenn. The fact that Willard, a passenger on the train, was enabled to claim, tag and ship the freight to Hickman, was the proximate result of the carelessness of the…
1Opinion of the CourtSmith, J.
Glidewell sued the railroad company for the value of certain goods, which it had undertaken to carry, but had negligently delivered the same to a stranger, whereby they were lost to the plaintiff. The principal defense was, that the company was not at that time engaged in the carrying business, its road not yet being fully open for traffic, and that its servants were not authorized to make eontracts for the carriage of goods.
The evidence tended to show that the plaintiff' had caused to be delivered to the defendant at Trippe, one of its stations, three large boxes, containing wearing apparel…
2Cases cited8 opinions
- Fisk v. NewtonCourt for the Trial of Impeachments and Correction of Errors · 1845
- Blumenthal v. BrainerdSupreme Court of Vermont · 1866
- Powell v. MyersNew York Supreme Court · 1841
- McEntee v. . the New Jersey Steamboat Co.New York Court of Appeals · 1871
- Grover & Baker Sewing Machine Co. v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1879
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3Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Ry. Co. v. CaldwellSupreme Court of Arkansas · 1909
- Yazoo & Mississippi Valley Railroad v. AltmanSupreme Court of Arkansas · 1916
- Equitable Powder Manufacturing Co. v. St. Louis & San Francisco RailroadSupreme Court of Arkansas · 1911