St. Louis, Iron Mountain & Southern Railway Co. v. Dunn
Supreme Court of Arkansas
Appeal from Ouachita .Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. H. B. Dunn and Bob Stewart, partners under the name of Dunn & Stewart, brought a suit against the St. Louis, Iron Mountain & Southern Railway Company for injuries to eight (8) horses which were contained in a carload shipped from Kansas City, Missouri, to Pine Bluff, Arkansas.
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Appeal from Ouachita .Circuit Court; George W. Hays, Judge; STATEMENT BY THE COURT. H. B. Dunn and Bob Stewart, partners under the name of Dunn & Stewart, brought a suit against the St. Louis, Iron Mountain & Southern Railway Company for injuries to eight (8) horses which were contained in a carload shipped from Kansas City, Missouri, to Pine Bluff, Arkansas. Tt was alleged that the horses were shipped under a contract by which appellant contracted to deliver the horses at Pine Bluff, Arkansas, to be carried thence to Hampton, Arkansas. That appellant negligently and carelessly “hitched the…
1Opinion of the Court
Wood, J.,
(after stating the facts). There was evidence to warrant a finding by the jury that the destination of the shipment was Hampton, Arkansas, on the Thornton & Alexandria Railroad as the delivering line. That being true, the notice given to the agent at Hampton in accordance with the provisions of the contract was sufficient. If, however, the agent at Pine Bluff was the ■ “agent at destination,” so far as appellant 'is concerned, then t’he provisions requiring written notification to be served within one day, etc., is unreasonable and void. The purpose of giving such notice as expressed…
2Cases cited7 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. RogersSupreme Court of Arkansas · 1910
- St. Louis Southwestern Railway Co. v. GraysonSupreme Court of Arkansas · 1909
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
- Kansas City Southern Railway Co. v. CarlSupreme Court of Arkansas · 1909
- Arkansas Midland Railroad v. RamboSupreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
- Holmes v. Bluff City Lumber Co.Supreme Court of Arkansas · 1911
- United States Express Co. v. CohnSupreme Court of Arkansas · 1913
- Carpenter v. United States Express Co.Supreme Court of Minnesota · 1912