Chicago, Rock Island & Pacific Railway Co. v. Pfeifer
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. In the face of positive proof, which'amounts almost to mathematical demonstration, the jury were not justified in disregarding the evidence. 40 Ark. 168. There was no evidence to' support the verdict. 34 Ark. 632. 2. Plaintiff could not refuse to accept the goods and then sue for their value.
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Appeal from Pulaski Circuit Court, First Division; Robert J. Lea, Judge; 1. In the face of positive proof, which'amounts almost to mathematical demonstration, the jury were not justified in disregarding the evidence. 40 Ark. 168. There was no evidence to' support the verdict. 34 Ark. 632. 2. Plaintiff could not refuse to accept the goods and then sue for their value. Hutchinson on Carriers, Vol. 2, (3 Ed.) § 651 (328) ; 3 IF. § 1365, (770 d.) ; 44 Ark. 439. 3. The measure of damages is the difference between the actual market value of the goods on the day they should have been received if…
1Opinion of the CourtFrauenthal, J.
The plaintiffs, Albert Pfeifer & Bro., instituted this suit against the defendant, the Chicago, Rock Island & Pacific Railway Company, and in their complaint alleged that on or about October 1, 1907, they purchased from Edward Miller & Company two packages of electric fixtures for electroliers, and delivered same to the New York, New Haven & Hartford Railroad at Meriden, Connecticut, to be carried over its own and connecting lines of railroad to Little Rock, Arkansas, and there to be delivered to plaintiffs; that the two packages of fixtures were delivered to and received by the defendant as…
2Cases cited9 opinions
- Hershy v. LathamSupreme Court of Arkansas · 1885
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Baumbach v. Gulf, Colorado & Santa Fe Railway Co.Court of Appeals of Texas · 1893
- Schearff v. DodgeSupreme Court of Arkansas · 1878
- St. Louis, Iron Mountain & Southern Railway v. MudfordSupreme Court of Arkansas · 1884
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Arkadelphia Milling Co. v. Smoker Merchandise Co.Supreme Court of Arkansas · 1911
- St. Louis, Iron Mountain & Southern Railway Co. v. CumbieSupreme Court of Arkansas · 1911
- John Morrell and Company v. Burlington Northern, Inc.Court of Appeals for the Seventh Circuit · 1977
- Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1917
- Chicago, Rock Island & Pacific Railway Co. v. NueschSupreme Court of Arkansas · 1911
9 more not listed; retrieve them via the Exa API.