St. Louis, Iron Mountain & Southern Railway Co. v. Townes
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The cars were consigned to shipper’s order, notify J. M. Townes, at Texarkana. Appellee was not at Texarkana during the period complained of, and had no agent there to receive notice. A direction to notify him at Texarkana would not require appellant to notify him at Little Rock.
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Appeal from Clark Circuit Court; Jacob M. Carter, Judge; The cars were consigned to shipper’s order, notify J. M. Townes, at Texarkana. Appellee was not at Texarkana during the period complained of, and had no agent there to receive notice. A direction to notify him at Texarkana would not require appellant to notify him at Little Rock. Hutchinson on Carr. § § 709, 723. 1. This court will not review- and pass upon the correctness of a jury’s verdict where a material part of the evidence heard by them is omitted from the transcript. The record is also fatally defective in that the trial judge’s…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by the plaintiff, J. M. Townes, against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for alleged breaches of contracts of carriage of numerous carloads'of oats and a carload of bran. All except four carloads were shipments from points in Nebraska and Missouri to Texarkana. Arkansas, and the four were shipments from Texarkana to Arkadelphia, Ark. The consignments to Texarkana were purchases made by the plaintiff and shipped by his vendors to the shipper’s own order, the bills of lading containing directions to “notify J. M. Townes,…
2Cases cited3 opinions
- Adams Express Co. v. DarnellIndiana Supreme Court · 1869
- North State Fire Insurance v. DillardSupreme Court of Arkansas · 1908
- Wadly v. LeggittSupreme Court of Arkansas · 1907
3Cited by8 opinions
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- Cumbie v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
- Texas N. O. Ry. v. Patterson RobertsCourt of Appeals of Texas · 1917
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
- Chicago, Rock Island & Pacific Railway Co. v. NueschSupreme Court of Arkansas · 1911
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