Kansas & Arkansas Valley Railroad v. Ayers
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Port Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. To reverse a judgment recovered by the appellee for $250 against the appellants, on account of damages claimed to have been sustained by the appellee, in injury done to his cattle shipped over appellant’s railway, this appeal was taken.
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Appeal from Sebastian Circuit Court, Port Smith District. Edgar E. Bryant, Judge. STATEMENT BY THE COURT. To reverse a judgment recovered by the appellee for $250 against the appellants, on account of damages claimed to have been sustained by the appellee, in injury done to his cattle shipped over appellant’s railway, this appeal was taken. In consideration of a reduced rate, the shipper (the appellee) entered into a contract with the carrier (the railway company), as follows : “First. That the livestock covered by this contract is not to be transported within any specified time, nor…
1Opinion of the Court
Hughes, J.,
(after stating the facts.) Where the facts are undisputed, the reasonableness of such a contract is a question of law for the court; but where there is dispute about the facts, the reasonableness of the contract is a question of fact for the jury. In this case we think the contract was correctly held to be a reasonable one. International & G. N. R. Co. v. Garrett, 24 S. W. 354; Missouri Pacific Ry. Co. v. Childers, 21 S. W. 77; Texas & Pacific Ry. Co. v. Adams, 78 Tex. 372; Texas & Pacific R. Co. v. Adams, 78 Tex. 372; Texas & Pacific Ry. Co. v. Barber, 30 S. W. 500; Case v.…
2Cases cited2 opinions
- Texas & Pacific Railway Co. v. AdamsTexas Supreme Court · 1890
- International & Great Northern Railway Co. v. Garrett & SpillerCourt of Appeals of Texas · 1893
3Cited by22 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Chicago, R. I. & P. Ry. Co. v. SpearsSupreme Court of Oklahoma · 1912
- Patterson v. Missouri, K. & T. Ry. Co.Supreme Court of Oklahoma · 1909
- Western Union Telegraph Co. v. MoxleySupreme Court of Arkansas · 1906
- St. Louis & San Francisco Railroad v. PearceSupreme Court of Arkansas · 1907
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