Missouri & North Arkansas Railroad v. Ward
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; The court erred in sustaining plaintiff’s demurrer, which was a general one, if either one of the two paragraphs of defendant’s answer set out in the opinion, presented a complete defense. 72 Ark. 29. As to paragraph 13 of the defendant’s answer (set out in the opinion), this court has expressly upheld as reasonable, this provision, in the following cases: 63 Ark. 331 and 90 Ark. 308. See, also, 203 Fed. 971 and 129 S.…
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Appeal from Boone Circuit Court; George W. Reed, Judge; The court erred in sustaining plaintiff’s demurrer, which was a general one, if either one of the two paragraphs of defendant’s answer set out in the opinion, presented a complete defense. 72 Ark. 29. As to paragraph 13 of the defendant’s answer (set out in the opinion), this court has expressly upheld as reasonable, this provision, in the following cases: 63 Ark. 331 and 90 Ark. 308. See, also, 203 Fed. 971 and 129 S. W. 181 (Tex.). The condition that suit should be barred, unless brought within six months next after the cause of action…
1Opinion of the CourtSmith, J.
The complaint in this case was filed on the 30th day of May, 1912, and alleged that appellee shipped a carload of mules and horses from Alpena Pass, Arkansas, to DeWitt, Arkansas, and that the car containing this stock was so carelessly and negligently handled that two of the mules and one of the horses were greatly bruised and damaged, in the sum of $250. The proof showed the shipment to have occurred in October, 1911, and sustains the allegation of negligence in handling the car containing the stock, which resulted in the injuries sued for.
The answer alleged that the shipment was received…
2Cases cited8 opinions
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1912
- Hafer v. St. Louis Southwestern Railway Co.Supreme Court of Arkansas · 1911
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3Cited by5 opinions
- City of Hot Springs v. National Surety Co.Supreme Court of Arkansas · 1975
- Wells Fargo & Co. Express v. Townsend & Freeman Co.Supreme Court of Arkansas · 1918
- Illinois Central Railway Co. v. W. J. Davis & Co.Mississippi Supreme Court · 1916
- Kansas City Southern Railway Co. v. BullSupreme Court of Arkansas · 1915
- St. Louis Southwestern Railway Co. v. HaynieSupreme Court of Arkansas · 1915