Chicago, Rock Island & Pacific Railway Co. v. Cotton
Supreme Court of Arkansas
Appeal from Yell Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. Appellee, R. S. Cotton, sued appellant, the.
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Appeal from Yell Circuit Court; Hugh Basham, Judge; STATEMENT BY THE COURT. Appellee, R. S. Cotton, sued appellant, the. Chicago, Rock Island & Pacific Railway Company, for the loss of eleven and the injury of twenty-three head of cattle, occurring, as he alleges, in transit from Ola, Arkansas, to National Stock Yards, Illinois, in December, 1906. Appellant answered, denying all the material allegations of the complaint, and with its answer exhibited a copy of the contract under which it claims said shipment had been made, and averred that, in accordance with the contract of shipment, said…
1Opinion of the Court
Hart, J.,
(after stating the facts). The sole question to be determined in this case is whether or not the contract signed by the parties to this litigation is void for the reason that it was procured by coercion.
If the contract in question is valid, the appellant has expressly limited its liability to loss or injury occurring on its own line of railway, and is not liable; for under the undisputed facts of this case the loss of and injury to the cattle occurred on the line of the connecting carrier. That a contract between a railway company and a shipper limiting the liability of the carrier…
2Cases cited7 opinions
- Railway Co. v. CravensSupreme Court of Arkansas · 1892
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. WellsSupreme Court of Arkansas · 1907
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Blankenship v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912