Missouri Pacific Railroad v. Block
Supreme Court of Arkansas
Appeal from Cross Circuit Court; R. II. Dudley, Judge; 1. The court erred in overruling the motion to dismiss for misjoinder of parties plaintiff.
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Appeal from Cross Circuit Court; R. II. Dudley, Judge; 1. The court erred in overruling the motion to dismiss for misjoinder of parties plaintiff. The hogs were owned by Block and Mitchell jointly as partners. 2. The court erred in refusing to grant defendants’ motion for a peremptory instruction, as there was no competent evidence of delay in shipment and consequent shrinkage of value of the hogs or of negligence in handling and delay. 96 Ark. 384; 97 Id. 82. 3. Mitchell was in charge of the shipment and stayed with, it as far as Little Bock. The presumption of negligence does not arise…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee against appellant to recover damages alleged to have been sustained to a carload of hogs shipped over appellant’s railroad from Strong, Arkansas, to East St. Louis, Illinois. It is alleged in the complaint that by reason of delay in the transportation of the car there was a shrinkage in weight of the hogs to the extent of 1,212 pounds, depreciating the market value $150; that there was a decline in market price suffered by reason of the delay in the sum of $161; and that one hog, of the value of $7.97, was killed, and two other hogs crippled, thereby…
2Cited by3 opinions
- Moline Timber Co. v. TaylorSupreme Court of Arkansas · 1920
- Reed v. Ziff Lodge No. 119 Order of MasonsSupreme Court of Arkansas · 1928
- Payne v. CotnerSupreme Court of Arkansas · 1921