Hines v. Mason
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; Dene E. Coleman, Judge; 1. Appellee ordered the car October 9, 1918. It was placed for him at Bradford on that date. This was a compliance with the order and he can not recover. In the absence of an agreement to provide cars at a particular time a carrier is obligated to exercise only due diligence to furnish freight cars within a reasonable time.
Read the full summary
Appeal from Jackson Circuit Court; Dene E. Coleman, Judge; 1. Appellee ordered the car October 9, 1918. It was placed for him at Bradford on that date. This was a compliance with the order and he can not recover. In the absence of an agreement to provide cars at a particular time a carrier is obligated to exercise only due diligence to furnish freight cars within a reasonable time. The duty to furnish cars does not include the duty to carry them by special train. 10 C. J. 72-3; 164 111. 310; 74 Atl. 227; 8 L. R. A. (N. S.) 115. Where a railroad is not required by the order for cars to furnish…
1Opinion of the CourtWood, J.
This suit was instituted by the appellee against the appellant to recover damages alleged to have accrued by reason of appellant’s failure to furnish a car for the shipment of cattle.
The appellee alleged, in substance, that he made a demand in writing of the appellant to furnish a car, suitable for shipping cattle, to bé placed at Bradford on the 9th of October, 1918; that on the 8th of October he placed his cattle, consisting of 38 head, in the stock pens of Bradford to be loaded in such car for the purpose of shipment by appellant’s regular stock train, which passed Bradford station at 2 a.…
2Cases cited12 opinions
- Georgia, Florida & Alabama Railway Co. v. Blish Milling Co.Supreme Court of the United States · 1916
- Pennsylvania Railroad v. Puritan Coal Mining Co.Supreme Court of the United States · 1915
- Pennsylvania Railroad v. Sonman Shaft Coal Co.Supreme Court of the United States · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. CoolidgeSupreme Court of Arkansas · 1904
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
7 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gage v. Arkansas Central RailroadSupreme Court of Arkansas · 1923
- Southeastern Express Co. v. Bowers, Inc., No. 6Court of Appeals of Tennessee · 1936
- Missouri Pacific Railroad v. HendersonSupreme Court of Arkansas · 1923
- American Railway Express Co. v. Bald Knob Fruit ExchangeSupreme Court of Arkansas · 1924
- Union Pacific R. R. v. Pacific Market Co.Wyoming Supreme Court · 1921
1 more not listed; retrieve them via the Exa API.