Chicago, Rock Island & Pacific Railway Co. v. Walker
Supreme Court of Arkansas
Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The testimony failed to show negligence on part of defendant and fails to sustain the verdict under the alleg*ations of the complaint plaintiffs assumed the burden of proof, and the evidence failed to show negligence. 2. The verdict is excessive. The only testimony before the jury, that of Edward Coyne, shows that the damage to the radishes was not more than $3 per barrel.
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Appeal from Yell Circuit Court, Dardanelle District; A. B. Priddy, Judge; 1. The testimony failed to show negligence on part of defendant and fails to sustain the verdict under the alleg*ations of the complaint plaintiffs assumed the burden of proof, and the evidence failed to show negligence. 2. The verdict is excessive. The only testimony before the jury, that of Edward Coyne, shows that the damage to the radishes was not more than $3 per barrel. The judgment should be reversed or the judgment reduced in line with the testimony of the consignees. 1. The evidence shows negligence. The…
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted this action against appellant to recover damages alleged to have been sustained on account of negligence in the transportation of a carload of radishes and other vegetables shipped by appellees from Dardanelle, Arkansas, to a firm of brokers or commission merchants in Chicago. It is claimed that the negligence consisted of the failure of appellant to properly ice the car, and that as a result the radishes became heated and greatly depreciated in value.
It is first contended that the testimony was not sufficient to sustain the verdict. The carload of vegetables was shipped…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Ry. Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1916
3Cited by7 opinions
- American Railway Express Co. v. H. Rouw Co.Supreme Court of Arkansas · 1927
- Missouri Pacific Railroad v. BellSupreme Court of Arkansas · 1924
- Missouri Pacific Railroad Co. v. Wellborn WallsSupreme Court of Arkansas · 1926
- St. Louis-San Francisco Railway Co. v. H. Rouw Co.Supreme Court of Arkansas · 1927
- H. Rouw Co. v. St. Louis-San Francisco Railway Co.Supreme Court of Arkansas · 1927
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