St. Louis Southwestern Railway Co. v. Butler
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Joel D. Conway, Judge; 1. The contract involved is a limited liability contract on the part of appellant, and these limitations are binding on the shipper. 50 Ark. 406. 2..
Read the full summary
Appeal from Miller Circuit Court; Joel D. Conway, Judge; 1. The contract involved is a limited liability contract on the part of appellant, and these limitations are binding on the shipper. 50 Ark. 406. 2.. The burden was on plaintiff to show that the damage was caused either by reason of furnishing a defective car, or by the negligent handling of the car. 50 Ark. 414. 3. If plaintiffs had undertaken to load the car, defendant company would not have been liable for injuries caused by overloading, -even under the common law. 56 Ark. 425. Where instructions aire conflicting, a correct…
1Opinion of the CourtBattuu, J.
On the 23d day of September, 1903, J. R. Butler and Huddleston Brothers at McNeil, a station on the St. Louis Southwestern Railway, in this State, delivered to the St. Louis Southwestern Railway Company fifty-two head of cattle to be shipped in the name of S. S. McCarver-to Huddleston Brothers, at Texarkana, Arkansas, under and pursuant to the terms and conditions in the following contract:
“This agreement made between the St. Louis Southwestern Railway Company, of the first part, and S. S. Mcr Carver, of the second part, Witnesseth, That for the considerations and the mutual convenants and…
2Cases cited2 opinions
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- Fordyce v. McFlynnSupreme Court of Arkansas · 1892
3Cited by2 opinions
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910