Kansas City Southern Railway Co. v. Mabry
Supreme Court of Arkansas
Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; 1. Appellee bad sold and delivered the holly to the Kansas City Fruit & Produce Company, and the title passed to that company. 43 Ark. 353; 62 Ark. 592; 106-Ark. 477. See also 35 Cye. 317, note 47, and cases cited; 4 Elliott on Bailroads, § § 1414, 1426, ¡and cases cited. 2. According to the undisputed evidence, there can be no recovery. 3. The evidence wholly fails to show unreasonable delay.
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Appeal from Sevier Circuit Court; Jefferson T. Cowling, Judge; 1. Appellee bad sold and delivered the holly to the Kansas City Fruit & Produce Company, and the title passed to that company. 43 Ark. 353; 62 Ark. 592; 106-Ark. 477. See also 35 Cye. 317, note 47, and cases cited; 4 Elliott on Bailroads, § § 1414, 1426, ¡and cases cited. 2. According to the undisputed evidence, there can be no recovery. 3. The evidence wholly fails to show unreasonable delay. The burden is upon the shipper to prove the delay, that it was unusual and that the carrier was negligent. 146 S. W. (Ark.) 853; 124 S. W.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiff shipped a carload of holly, in boxes and crates, from Horatio, Arkansas, over defendant’s railroad, to Kansas City, Missouri, consigned to his own order but intended for delivery to a dealer in that commodity with whom the plaintiff had a contract of sale at. the price of $2 per box, the purchaser to pay the freight. The car was loaded at Horatio during the afternoon of December 12, 1912, and left that point the next day. It was shipped as first-class freight, and, according to plaintiff’s proof, conld have reached Kansas City on December 15. It did not reach there until the…
2Cases cited7 opinions
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
- Arkansas Southern Railway Co. v. German National BankSupreme Court of Arkansas · 1906
- St. Louis Southwestern Railway Co. v. KilberrySupreme Court of Arkansas · 1907
- Kansas City Southern Railway Co. v. MorrisonSupreme Court of Arkansas · 1912
- Kansas City Southern Railway Co. v. Mixon-McClicntock Co.Supreme Court of Arkansas · 1913
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3Cited by11 opinions
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- Missouri Pacific Railroad v. MartindaleSupreme Court of Arkansas · 1919
- St. Louis, Iron Mountain & Southern Railway Co. v. TilbySupreme Court of Arkansas · 1915
- St. Louis-San Francisco Railway Co. v. GreigSupreme Court of Arkansas · 1930
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