Legal Opinion

Kansas City, Pittsburg & Gulp Railroad v. Pace

Supreme Court of Arkansas

Decided April 20, 1901PublishedCited by 8 opinions

Appeal from Benton Circuit Court. EdwaRD S. MoDANI'el, Judge. STATEMENT BY THE COURT. This is an action brought by M. A. Pace and L. 0. Woods,, shippers,of a car of live stock (cattle and hogs) over the Kansas City, Pittsburg & Gulf Railroad Company from Siloam Springs to Kansas City.

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Appeal from Benton Circuit Court. EdwaRD S. MoDANI'el, Judge. STATEMENT BY THE COURT. This is an action brought by M. A. Pace and L. 0. Woods,, shippers,of a car of live stock (cattle and hogs) over the Kansas City, Pittsburg & Gulf Railroad Company from Siloam Springs to Kansas City. The complaint alleges that defendant company negligently failed to fnrnisb a ear within a reasonable time after demand for the shipment of the stock, and also caused delay after the start in the transportation of the stock, by furnishing a disabled engine to haul the car containing the stock; that, by reason of…

1Opinion of the Court

EtddiCK, J.,

(after stating the facts). This is an action against a railway company to recover damages alleged to have been caused to live stock by the negligence and delay of the company in shipping the same. One contention of the company is that the plaintiffs cannot maintain the action for the reason that they did not comply with a provision of "the contract of shipment, requiring the shipper to give notice in writing of any loss or damage to the property while in the possession of the company within five days after it occurred. But if the company wished to avail itself of such a defense,…

2Cases cited2 opinions

  1. Westcott v. . FargoNew York Court of Appeals · 1875
  2. Bennett v. Northern Pacific Express Co.Oregon Supreme Court · 1885

3Cited by8 opinions

  1. Green Star S. S. Co. v. Nanyang Bros. Tobacco Co.Court of Appeals for the Ninth Circuit · 1925
  2. St. Louis, Iron Mountain & Southern Railway Co. v. WiggamSupreme Court of Arkansas · 1911
  3. St. Louis & North Arkansas Railroad v. WilsonSupreme Court of Arkansas · 1908
  4. Owens Bros. v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
  5. Atlas Insurance v. RobisonSupreme Court of Arkansas · 1910

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