Railway Co. v. Berry
Supreme Court of Arkansas
Appeal from Monroe Circuit Court. James S. Thomas, Judge. Pleas, and Kate Berry sued the St. Bouis Southwestern Railway Company to recover the value of a trunk delivered to defendant’s agent at Altheimer, a station on its line, to be transported as baggage to Clarendon, another station on its line. The trunk was alleged to contain wearing apparel of the value of $113 and $413 in money, and to have been lost in transit.
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Appeal from Monroe Circuit Court. James S. Thomas, Judge. Pleas, and Kate Berry sued the St. Bouis Southwestern Railway Company to recover the value of a trunk delivered to defendant’s agent at Altheimer, a station on its line, to be transported as baggage to Clarendon, another station on its line. The trunk was alleged to contain wearing apparel of the value of $113 and $413 in money, and to have been lost in transit. The answer admitted the loss of the trunk, but denied the value of its contents. The verdict and judgment were for plaintiff, and defendant appealed. Other facts necessary to…
1Opinion of the CourtWood, J.
The appellant asked the following instructions: (1) “The jury are instructed that a railway company is not liable for the loss of money shipped as baggage, in excess of an amount necessary to be used while on a journey. (2) If the jury find from the evidence that the defendant is not engaged in transmitting money, it would not be liable for the loss of money when shipped as baggage, even if its agents were informed that money was contained in the trunk shipped as baggage.” The court refused these, and, in effect, charged the jury that if a passenger, who had no notice of the company’s…
2Cases cited9 opinions
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Illinois Central Railroad v. CopelandIllinois Supreme Court · 1860
- Humphreys v. PerrySupreme Court of the United States · 1893
- Alling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1879
- Davis v. Michigan Southern & Northern Indiana RailroadIllinois Supreme Court · 1859
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3Cited by5 opinions
- Kansas City, Fort Scott & Memphis Railway Co. v. McGaheySupreme Court of Arkansas · 1897
- Chicago, Rock Island & Pacific Railway Co. v. WhittenSupreme Court of Arkansas · 1909
- Bush v. BeauchampSupreme Court of Arkansas · 1918
- New Orleans & Northeastern Railroad v. ShackelfordMississippi Supreme Court · 1905
- Sherlock v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900