Chicago, Rock Island & Pacific Railway Co. v. Stallings
Supreme Court of Arkansas
Appeal from Prairie Circuit Court, Southern District ; Thomas C. TFmible, Judge; 1. This case does not fall.within the rule in 88 Ark. 138. Defendant was not liable under the facts proven. Defendant’s agent finally told plaintiff that the through train would not stop for the cattle.
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Appeal from Prairie Circuit Court, Southern District ; Thomas C. TFmible, Judge; 1. This case does not fall.within the rule in 88 Ark. 138. Defendant was not liable under the facts proven. Defendant’s agent finally told plaintiff that the through train would not stop for the cattle. Defendant had no right to agree to give plaintiff service not given to the public generally. 225 U. S. 155. 2. The verdict is grossly excessive and based on incompetent testimony as to classification, weight and shrinkage. The testimony as to loss in weight was a mere guess. There was no responsibility for the…
1Opinion of the CourtHart, J.
C. R. Stallings sued the Chicago, Rock Island & Pacific Railway Company and Jacob M. Dickinson, Receiver, for damages to a car of cattle for delay in shipping them.
The answer of the defendants was a general denial. The case was tried before a jury, which returned a verdict for the plaintiff in the sum of $150. Prom the judgment rendered the defendants have appealed.
It is first contended by counsel for defendants that there was no liability under the facts proved by the plaintiff. The plaintiff was in the live stock business and lived at Hazen, Arkansas. Before the 20th of November, 1915, hé…
2Cases cited2 opinions
- Chicago & Alton Railroad v. KirbySupreme Court of the United States · 1912
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1908
3Cited by7 opinions
- Atchison, T. & S. F. Ry. Co. v. Jarboe Livestock Commission Co.Court of Appeals for the Tenth Circuit · 1947
- Southern Pacific Company v. M. Rothstein & SonsCourt of Appeals of Texas · 1957
- Campbell v. Los Angeles & S. L. R. Co.Utah Supreme Court · 1928
- American Railway Express Co. v. Bald Knob Fruit ExchangeSupreme Court of Arkansas · 1924
- Powell v. JeromeCourt of Appeals of Georgia · 1945
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