St. Louis & San Francisco Railroad v. Vaughan
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James D. Head, Special Judge; 1. By the terms of the contract, no recovery can be had for the damages complained of, and the court erred in refusing the peremptory instruction for defendant, because: (1). No negligehce was proved.
Read the full summary
Appeal from Little River Circuit Court; James D. Head, Special Judge; 1. By the terms of the contract, no recovery can be had for the damages complained of, and the court erred in refusing the peremptory instruction for defendant, because: (1). No negligehce was proved. (2). The contract expressly released the company from liability on account of delay in shipping and in receiving after tender. 28 N. F. 208. The court should have determined the issue without a jury. 63 Ark. 331; 28 N. F. 208; 41 111. 73; 16 So. Rep. 300; 4 Am. Rep. 467. 2. The contract was for a valuable consideration, a…
1Opinion of the CourtMcCulloch, J.
This is an action instituted against appellant to recover damages alleged to have been done to a lot of cattle shipped by the plaintiff over appellant’s railroad from Ash-down, Arkansas, to Boswell, Indian Territory.
It is alleged in the complaint that the cattle were delivered to appellant’s agent in good order for shipment on January 2, 1906, and that the agents of the company carelessly and negligently allowed the cattle to remain in the cars on the side track at Ashdown for an unreasonable period of timé, towit, twelve hours, without food and water, and without being removed from the cars…
2Cases cited1 opinion
- Chicago, Rock Island & Texas Railway Co. v. KappCourt of Appeals of Texas · 1904
3Cited by10 opinions
- Harkrider v. CoxSupreme Court of Arkansas · 1959
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1908
- Midland Valley R. Co. v. AdkinsSupreme Court of Oklahoma · 1912
- St. Louis-San Francisco Railway Co. v. GreigSupreme Court of Arkansas · 1930
- Western Union Telegraph Co. v. WebbSupreme Court of Arkansas · 1910
5 more not listed; retrieve them via the Exa API.