Kansas City, Pittsburg & Gulp Railroad v. Pace
Supreme Court of Arkansas
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
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