St. Louis, Iron Mountain & Southern Railway Co. v. Clements
Supreme Court of Arkansas
Appeal from Cross Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. S. A. Clements lived near Whitehall, a station on the Iron Mountain Railway in Poinsett County. In 1904 he purchased five bales of cotton, and had them placed on the platform of the railway at that place for the purpose of shipment. The railway company kept no agent at that station, and Clements did not.get a bill of lading for his cotton, but he made a demand for a car in which to ship the cotton.
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Appeal from Cross Circuit Court; Allen Hughes, Judge; STATEMENT BY THE COURT. S. A. Clements lived near Whitehall, a station on the Iron Mountain Railway in Poinsett County. In 1904 he purchased five bales of cotton, and had them placed on the platform of the railway at that place for the purpose of shipment. The railway company kept no agent at that station, and Clements did not.get a bill of lading for his cotton, but he made a demand for a car in which to ship the cotton. A few days after the cotton was placed on the platform, the platform and cotton were destroyed by fire.. He afterwards…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal by the railway company from a judgment rendered against it for the value of cotton destroyed by fire. The plaintiff alleged that the cotton was destroyed by the negligence of a crew of section hands in the employ of defendant, who set fire to a pile of old cross-ties not far from the platform on which the cotton of plaintiff and others, in all 15 or 20 bales, was stored, and that sparks from this fire ignited and destroyed the cotton.
The evidence, we think, was sufficient to sustain the verdict. It was shown that a pile of cross-ties…
2Cited by4 opinions
- Barham v. Federal Reserve BankSupreme Court of Arkansas · 1928
- Lowden v. Shoffner Mercantile Co.Court of Appeals for the Eighth Circuit · 1940
- St. Louis & San Francisco Railway Co. v. BlackSupreme Court of Arkansas · 1920
- Kansas City Southern Ry. Co. v. New England Fire Ins.Court of Appeals for the Eighth Circuit · 1943