Arthur v. Texas & P. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Arkansas. This is an action'instituted by plaintiffs in error against the defendant in error to recover $2,605.53, the value of 50 bales of cotton alleged to have been delivered to the defendant company by plaintiffs at Texarkana, Tex., to be transported to Utica, New York.
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In Error to the Circuit Court of the United States for the Western District of Arkansas. This is an action'instituted by plaintiffs in error against the defendant in error to recover $2,605.53, the value of 50 bales of cotton alleged to have been delivered to the defendant company by plaintiffs at Texarkana, Tex., to be transported to Utica, New York. The defendant company, a railroad corporation in the state of Texas, had its depot station in Texarkana on the Texas side, the state line between Texas and Arkansas running through said city. The defendant company had no line of railway from…
1Opinion of the CourtPhilips, District Judge
The plaintiffs seek to avoid the stipulation in the bill of lading, which exempted the railroad company from liability for the loss of said cotton occasioned by fire, on the ground of what counsel terms duress in accepting said bill of lading, and for the want of proper consideration for such special exemption. He contends that the railway company had established and offered but one rate for such through shipment, based upon such exemption, without affording the shipper the alternative opportunity of paying a higher rate of carriage to fix upon it the common-law liability of such common…
2Cases cited19 opinions
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- New Jersey Steam Navigation Company v. MERCHANTS'BANK.Supreme Court of the United States · 1848
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Bank of Kentucky v. Adams Express Co.Supreme Court of the United States · 1876
- York Company v. Central RailroadSupreme Court of the United States · 1866
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3Cited by7 opinions
- Clegg v. St. Louis & S. F. R. Co.Court of Appeals for the Eighth Circuit · 1913
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. BlindIndiana Supreme Court · 1914
- Pierson v. Northern Pacific Railway Co.Washington Supreme Court · 1911
- Hamilton v. Chicago & Alton RailroadMissouri Court of Appeals · 1914
- Robert v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1910
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