St. Louis, Iron Mountain & Southern Railway Co. v. DeWitt
Supreme Court of Arkansas
Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; STATEMENT BY THE COTJET. Appellee brought suit against the railway company for damages for the loss of baggage, certain trunks and their contents, transported from • Marshall, Arkansas, to Kensett, over the Missouri & North Arkansas Railroad, and from Kensett to Hot Springs, over the line of the appellant company.
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Appeal from Garland Circuit Court; Calvin T. Cotham, Judge; STATEMENT BY THE COTJET. Appellee brought suit against the railway company for damages for the loss of baggage, certain trunks and their contents, transported from • Marshall, Arkansas, to Kensett, over the Missouri & North Arkansas Railroad, and from Kensett to Hot Springs, over the line of the appellant company. He was moving to Hot Springs, and purchased tickets for himself and family at Marshall on the Bd day of September, 1913. They reached the station shortly before the departure of the train, appellee arriving before the…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended by appellant that the agent of the Missouri & North Arkansas Railroad was without authority to check the trunks of the appellee through from Marshall on its line of road over the' appellant’s line from Kensett to Hot Springs, without the purchase and payment for tickets by appellee, for the entire journey, and that it incurred no liability because of the issuance of checks therefor, the appellee not having first purchased through tickets to the point of destination. The carrying of baggage is an incident to the transportation of passengers,…
2Cases cited2 opinions
- St. Louis & San Francisco Railroad v. KilpatrickSupreme Court of Arkansas · 1899
- St. Louis Southwestern Railway Co. v. HammettSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Texas & P. Ry. Co. v. GrahamCourt of Appeals of Texas · 1923
- Payne v. BoswellCourt of Appeals of Texas · 1922