St. Louis Southwestern Railway Co. v. White Sewing Machine Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Bdzvard W. Winfield, Judge; 1. Books and records are legal evidence only when the entries are made by the person whose duty it was to have made them.
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Appeal from Pulaski Circuit Court; Bdzvard W. Winfield, Judge; 1. Books and records are legal evidence only when the entries are made by the person whose duty it was to have made them. Greenleaf on Ev. § 117. The entries must be shown to have been correct, and made contemporaneously with the facts recorded. 66 Ark. 316; 60 Ark. 333. In the face of positive testimony that the message was not received by defendant company, and lack of legal evidence that it ever left the office of the “Big Four Railroad,” plaintiff can not recover. 57 Ark. 461. 2. Plaintiff should not be permitted to recover…
1Opinion of the CourtMcCulloch, J.
This is an action brought by the White Sewing Machine Company, a foreign corporation doing business at Cleveland, Ohio, against the St. Louis Southwestern Railway Company to recover, by way of damages, the price of a -lot of sewing machines shipped over defendant’s road to a firm of merchants at Buffalo, Texas. It is alleged chat the consignees became' insolvent, and that the plaintiff, in exercise of its right to stop the goods in transit, notified the defendant, while it had the machines in its possession, to hold them subject to their (plaintiff’s) order, but that the defendant negligently…
2Cases cited7 opinions
- Acklen's v. HickmanSupreme Court of Alabama · 1879
- Insurance Companies v. WeidesSupreme Court of the United States · 1872
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Petty v. StateSupreme Court of Arkansas · 1905
- Green v. CaulkCourt of Appeals of Maryland · 1861
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Chisum v. StateSupreme Court of Arkansas · 1981
- Fisher v. SwartzMassachusetts Supreme Judicial Court · 1955
- Midland Valley Railroad v. EnnisSupreme Court of Arkansas · 1913
- State v. BowmanSupreme Court of Missouri · 1917
- Whitener v. MossSupreme Court of Oklahoma · 1918
5 more not listed; retrieve them via the Exa API.