Chicago, Rock Island & Pacific Railway Co. v. King
Supreme Court of Arkansas
Appeal fromLonoke Circuit Court; Eugene Lankford, Judge; 1. In order to charge a common carrier with special damages for delay in transportation of freight, notice of the circumstances * * * must be given prior to or at the time of the making of the contract of shipment. 74 Ark. 360; 71 Id. 571; 90 Id. 452 ; 88 Id. 77. 2. In the absence of such notice, the proper measure of damages is the difference between the value of the goods at the time they should have been delivered…
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Appeal fromLonoke Circuit Court; Eugene Lankford, Judge; 1. In order to charge a common carrier with special damages for delay in transportation of freight, notice of the circumstances * * * must be given prior to or at the time of the making of the contract of shipment. 74 Ark. 360; 71 Id. 571; 90 Id. 452 ; 88 Id. 77. 2. In the absence of such notice, the proper measure of damages is the difference between the value of the goods at the time they should have been delivered and their value at the time of actual delivery. 72 Ark. 275; 73 Id. 112. 1. It was appellant’s duty to deliver freight…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by W. S. King for the recovery of damages alleged to have arisen out of a delay in the transportation and delivery of a shipment of lavatories from Trenton, N. J. to Hot Springs, Arkansas. The defendant interposed a general demurrer to the complaint, which was overruled, and it thereupon filed an answer in which it denied the material allegations thereof. The case was then submitted to the court for trial and determination. It made a detailed statement of its findings of fact, and rendered judgment for plaintiff for damages in the sum of $206. The damages claimed…
2Cases cited9 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Howard v. Stillwell & Bierce Manufacturing Co.Supreme Court of the United States · 1891
- Primrose v. Western Union Telegraph Co.Supreme Court of the United States · 1894
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Bourland v. Choctaw, Oklahoma & Gulf Railway Co.Texas Supreme Court · 1906
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3Cited by10 opinions
- Salt River Valley Water Users' Ass'n v. BerryArizona Supreme Court · 1926
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Brooks v. NeerArizona Supreme Court · 1935
- Turner's Farms, Inc. v. Maine Central Railroad Co.District Court, D. Maine · 1980
- Hanlon v. Great Northern Railway Co.Montana Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.