St. Louis & San Francisco Railway Co. v. Hurst
Supreme Court of Arkansas
Appeal from Crawford Circuit Court. The bill of lading was conclusive evidence of the contract between the parties, and the shipper was bound by its terms. 50 Ark. 397; 32 Ark. 669; Hutch. Carr. § 126; 74 Mo. 125; 136 Mo. 189; 46 Ark. 236. The contract entered into was a reasonable one, and the notice of loss a condition precedent to the right to sue. 16 U. C. C. P. 76; 76 Mo. 514; 20 Mo. App. 445; 18 Mo. App. 577; 16 Ind. Sup. Ct. Rep. 543; 23 Am. & Eng.
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Appeal from Crawford Circuit Court. The bill of lading was conclusive evidence of the contract between the parties, and the shipper was bound by its terms. 50 Ark. 397; 32 Ark. 669; Hutch. Carr. § 126; 74 Mo. 125; 136 Mo. 189; 46 Ark. 236. The contract entered into was a reasonable one, and the notice of loss a condition precedent to the right to sue. 16 U. C. C. P. 76; 76 Mo. 514; 20 Mo. App. 445; 18 Mo. App. 577; 16 Ind. Sup. Ct. Rep. 543; 23 Am. & Eng. R. Cas. 684; 16 ib. 259; 35 ib. 678; 111 111. 351; 127 N. Y. 430. The burden was on the plaintiff to show that the contract was not…
1Opinion of the CourtBattle, J.
In the complaint in this action it is alleged that the defendant, St. Louis & San Francisco Railroad Company, received from the plaintiff, Jesse Hurst, and agreed to carry ten boxes'of household goods and other property from the town of Talahini, in the Indian Territory, and deliver them to the plaintiff at the town of Mountainburg, in this state; “that the defendant carelessly and negligently lost one box, of the value of $125, and permitted other goods to be damaged in the sum of $125, by allowing the same to become wet, and by breaking, scarring and otherwise injuring the goods;” and for…
2Cases cited3 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
3Cited by8 opinions
- The WestminsterCourt of Appeals for the Third Circuit · 1904
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- Liquid Carbonic Co. v. Norfolk & Western Railway Co.Supreme Court of Virginia · 1907
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- Chicago, Rock Island & Pacific Railway Co. v. WilliamsSupreme Court of Arkansas · 1912
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