St. Louis, Iron Mountain & Southern Railway Co. v. Miller
Supreme Court of Arkansas
Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. W. L. Miller and wife, the appellee, were engaged in the hotel business at Heber. In the month of September, 1910, they bought tickets from Heber to Little Rock.
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Appeal from Nevada Circuit Court; Jacob M. Carter, Judge; STATEMENT BY THE COURT. W. L. Miller and wife, the appellee, were engaged in the hotel business at Heber. In the month of September, 1910, they bought tickets from Heber to Little Rock. On their tickets they checked a trunk containing the wearing apparel of the appellee and a laundry basket containing articles which are described and values given in a list furnished by appellee, and for which this suit was brought, as follows: Laundry basket.................................................................................$ 4.00 Linen…
1Opinion
ON REHEARING.
Opinion delivered April 8, 1912.
Wood, J.
If the appellant accepted the articles to be transported free, as baggage, when it knew or had notice that such articles were freight, it would be liable for their loss as a common carrier of freight; for, under the present statutes requiring railroad companies to provide printed schedules of tariff charges and to keep same posted, etc., and prohibiting discriminations in rates, a railroad company can not accept freight to be carried as baggage, knowing or having notice that same was freight, and escape the liability for its loss. See…
2Cases cited6 opinions
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1911
- Armour Packing Co. v. United StatesSupreme Court of the United States · 1908
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1906
- Kansas City Southern Railway Co. v. TonnSupreme Court of Arkansas · 1912
- St. Louis, Iron Mountain & Southern Railway Co. v. WolfSupreme Court of Arkansas · 1911
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