Yazoo & Mississippi Valley Railroad v. Altman
Supreme Court of Arkansas
Appeal from Phillips Circuit ■Court; J. M. Jachson, Judge; STATEMENT BY THE COURT. Appellee brought this suit to recover the value of two cases of shoes which it was alleged the carrier failed to deliver. Prom the judgment against it in the justice court the railroad company appealed, and, upon trial, the circuit court directed a verdict against it, and from the judgment thereon this appeal is prosecuted.
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Appeal from Phillips Circuit ■Court; J. M. Jachson, Judge; STATEMENT BY THE COURT. Appellee brought this suit to recover the value of two cases of shoes which it was alleged the carrier failed to deliver. Prom the judgment against it in the justice court the railroad company appealed, and, upon trial, the circuit court directed a verdict against it, and from the judgment thereon this appeal is prosecuted. It appears from the testimony that appellee ordered by telegraph two cases of shoes from Geo. E. Keith & Co. of St. Louis; that they did not arrive as soon as he expected them and he stated…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The undisputed testimony shows that the consignment of goods was delivered by the railway company to the transfer company, the agent of appellee, who was duly authorized to receive and receipt for all shipments to appellee, and also that upon their being taken to the store of appellee, he refused to’take the goods from the transfer company, thinking he had the right to refuse to accept them from the seller because of their not arriving sooner.
Appellee 'stated, however, that upon the failure of the goods to arrive, within two or three days after they were…
2Cases cited5 opinions
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- Chicago, Rock Island & Pacific Railway Co. v. PfeiferSupreme Court of Arkansas · 1909
- Little Rock, Mississippi River & Texas Railway Co. v. GlidewellSupreme Court of Arkansas · 1882
- Hill v. St. Louis Southwestern RailroadSupreme Court of Arkansas · 1900
- Arkansas Midland Railroad v. MoodySupreme Court of Arkansas · 1909
3Cited by2 opinions
- Forrester v. LockeSupreme Court of Arkansas · 1921
- Yazoo & Mississippi Valley Railroad v. AltmanSupreme Court of Arkansas · 1917