St. Louis, Iron Mountain & Southern Railway Co. v. Nunley
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Third Division; O. W. Hendricks, Judge; STATEMENT BY THE COURT. John Nunley sued the St. Louis, Iron Mountain & 'Southern Railway ¡Company to recover damages to. a car of live stock'shipped over defendant’s line of railroad. The facts are as follows: On January 14,1914, John Nunley shipped -a ¡car load of horses and mnles from Russellville, Arkansas, to Argenta, Arkansas.
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Appeal from Pulaski Circuit Court, Third Division; O. W. Hendricks, Judge; STATEMENT BY THE COURT. John Nunley sued the St. Louis, Iron Mountain & 'Southern Railway ¡Company to recover damages to. a car of live stock'shipped over defendant’s line of railroad. The facts are as follows: On January 14,1914, John Nunley shipped -a ¡car load of horses and mnles from Russellville, Arkansas, to Argenta, Arkansas. He accompanied the shipment and rode in the caboose. 'The stock were in good condition when they left Russellville and arrived at Argenta some time after midnight on the day of Shipment.…
1Opinion of the Court
Hart, J.,
(after stating the facts). There was a clause in the bill of lading which required the plaintiff to give written notice oif any claim for damages for injury to his stock while in transit -and it is the contention of the railway company that 'the judgment must be reversed because the plaintiff failed to give the written notice of his intention to claim damages for the alleged injury to his stock.(1) This court has held that the provision of the contract requiring that the .shipper give written notice of the place and nature of the injuries to the nearest station or other agent of the…
2Cases cited4 opinions
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. JacobsSupreme Court of Arkansas · 1902
- St. Louis, Iron Mountain & Southern Railway Co. v. ShepherdSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Concordia Fire Insurance v. MitchellSupreme Court of Arkansas · 1916
- Bush v. CurrySupreme Court of Arkansas · 1917