De Queen & Eastern Railroad v. Park
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; G. E. Jolmson, Special Judge; STATEMENT OE EAOTS. T. W. Park on behalf of himself and other persons associated together for the purpose of growing and shipping cantaloupes and peaches, sued the De Queen & Eastern Railroad Company to recover damages for failing to furnish cars whereby their cantaloupes were damaged and lost.
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Appeal from Sevier Circuit Court; G. E. Jolmson, Special Judge; STATEMENT OE EAOTS. T. W. Park on behalf of himself and other persons associated together for the purpose of growing and shipping cantaloupes and peaches, sued the De Queen & Eastern Railroad Company to recover damages for failing to furnish cars whereby their cantaloupes were damaged and lost. The material facts are as follows: T. W. Park and other farmers living near Lockesburg, Arkansas, on the De Queen & Eastern Railroad formed a voluntary association for the purpose of raising and shipping cantaloupes and peaches. T. W. Park…
1Opinion of the CourtHart, J.
(after stating the facts). Park brought this suit for himself and others who are named in the complaint.
Counsel for the defendant insist that the court committed prejudicial error in refusing to sustain its motion to strike from the complaint the names of all parties having an interest in the cause of action except T. W. Park. We do not think the court erred in overruling its motion.
According to the allegations of the complaint and the proof introduced at the trial, a number of farmers around Lockesburg. associated themselves together for the purpose of growing and shipping cantaloupes and…
2Cases cited2 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912