Kansas City & Memphis Railway Co. v. Oakley
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. This w-as an action by T. H. OaMey against tbe Kansas City & Memphis Railway Company to recover damages for -alleged negligent delay in an interstate shipment -of apples.
Read the full summary
Appeal from Benton Circuit Court; J. 8. Maples, Judge; STATEMENT BY THE COURT. This w-as an action by T. H. OaMey against tbe Kansas City & Memphis Railway Company to recover damages for -alleged negligent delay in an interstate shipment -of apples. The facts are as follows: On the 18th d-ay of September, 1913, the defendant Kansas City & Memphis Railway Company, issued a bill of lading to T. H. OaMey for a car load of apples at Rogers, Arkansas, -consigned to himself at SMatook, Oklahoma, and the shipper paid the freight therefor, which was $67. He was charged the regular tariff rate and the…
1Opinion of the Court
Hart, J.,
(after stating the facts). Counsel for the defendant asked the court to instruct the jury that the plaintiff’s damage should be computed upon the basis of the value, of the property being the bona fide invoice price to dhe plaintiff, including freight charges, at the city of Rogers at the time of shipment, and assigns as error the action of the court in refusing to give this instruction. His contention is (based upon the clause in the bill of lading, which provided that the invoice price at the city of Rogers, including the freight charges, should be the measure otf damages.
It has…
2Cases cited15 opinions
- Adams Express Company v. CroningerSupreme Court of the United States · 1912
- Kansas City Southern Railway Co. v. CarlSupreme Court of the United States · 1913
- Missouri, Kansas & Texas Railway Co. v. HarrimanSupreme Court of the United States · 1913
- Boston & Maine Railroad v. HookerSupreme Court of the United States · 1914
- Atchison, Topeka & Santa Fe Railway Co. v. RobinsonSupreme Court of the United States · 1914
10 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Brown Coal Co. v. Illinois Central RailroadSupreme Court of Iowa · 1923
- Missouri Pacific Railroad v. Pfeiffer Stone Co.Supreme Court of Arkansas · 1924
- Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1917
- Davis v. HunterIndiana Court of Appeals · 1923
- Wells Fargo & Co. Express v. Townsend & Freeman Co.Supreme Court of Arkansas · 1918
3 more not listed; retrieve them via the Exa API.