St. Louis & San Francisco Railroad v. Pearce
Supreme Court of Arkansas
Appeal from Benton Circuit Court; I. N Maples, Judge; 1. The first delay was caused by failure of machinery. Under the contract the company was not liable for this delay. 55 Fed. 1003; 39 Ark. 148; 40 Id. 375; 52 Id. 26. 2. There are no allegations to impeach the contract, and no evidence introduced for that purpose.
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Appeal from Benton Circuit Court; I. N Maples, Judge; 1. The first delay was caused by failure of machinery. Under the contract the company was not liable for this delay. 55 Fed. 1003; 39 Ark. 148; 40 Id. 375; 52 Id. 26. 2. There are no allegations to impeach the contract, and no evidence introduced for that purpose. The contract was binding, and under it the measure of damages was the amount expended for feed and care of stock. 39 Ark.' 523; 40 Id. 375; 52 Id. 26. There is no proof of negligence in operating the train. 39 Ark. 523; 40 M.375; 44 Id. 208; 50 Id. 397-4*5! 34 Id. 383-389; 52 Id.…
1Opinion of the CourtMcCulloch, J.
This is an action instituted by the plaintiffs, Bart Pearce and J. C. Puckett, to recover damages to live stock shipped over appellant’s road to St. Louis.
The complaint contains two paragraphs, setting forth two separate causes of action: One for damages to a carload of hogs shipped on September 24, 1904, from Gravette, Ark., caused by negligence of the company in failing to transport the carload of hogs with due diligence; and the other for damages to a lot of cattle and 'hogs shipped November 16, 1904, from Centerton, Ark., caused by negligence of the company in failing to furnish cars…
2Cases cited13 opinions
- Spears v. . Mayor, Etc., City of N.Y.New York Court of Appeals · 1882
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- Munshower v. StateCourt of Appeals of Maryland · 1880
- Harrison v. . GloverNew York Court of Appeals · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Ry. Co. v. FurlowSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
14 more not listed; retrieve them via the Exa API.