Fordyce v. McFlynn
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court. Samuel McFlynn and G. W. Hall sued S. W. Fordyce and A. H. Swanson, receivers of the St. Louis, Arkansas & Texas Railway Co., to recover the value of a lioness which escaped while being- carried on defendant’s road and was killed.
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Appeal from Ouachita Circuit Court. Samuel McFlynn and G. W. Hall sued S. W. Fordyce and A. H. Swanson, receivers of the St. Louis, Arkansas & Texas Railway Co., to recover the value of a lioness which escaped while being- carried on defendant’s road and was killed. Plaintiffs were the'owners of a circus outfit, and had made a written contract with defendants whereby it was agreed that defendants should, at a stipulated rate, fur-nish transportation over their road for the show, consisting of one stock car, one box car, three flat cars and one passenger coach, said equipment to be furnished…
1Opinion of the CourtHemingway, J.
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That carriers of live stock are liable as common carriers, was decided, by this court in the case of St. Louis, I. M. & S. Ry. v. Lesser, 46 Ark. 236, and is, as we think, sustained by the authorities. Hutch. Carriers, sec. 221, and cases cited. No argument can, therefore, have force that rests upon a contrary assumption. The contract in this case was a contract of carriage and not of hiring, and the liability of the receivers must be determined by the law governing the former relation. Mallory v. Tioga Ry. Co. 39 Barb. 488 ; Gracie v. Palmer, 8 Wheaton, 605. The case…
2Cases cited5 opinions
- Gracie v. PalmerSupreme Court of the United States · 1823
- St. L., I. M. & S. Ry. Co. v. WeaklySupreme Court of Arkansas · 1887
- Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- Mallory v. Tioga Rail RoadNew York Supreme Court · 1862
3Cited by6 opinions
- Blytheville Cotton Oil Co. v. KurnCourt of Appeals for the Sixth Circuit · 1946
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinCourt of Appeals of Kentucky · 1913
- Illinois Central Railroad v. Rogers & ThomasCourt of Appeals of Kentucky · 1915
- St. Louis, Iron Mountain & Southern Railway Co. v. JonesSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. ButlerSupreme Court of Arkansas · 1907
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