St. Louis Southwestern Railway Co. v. McNeil
Supreme Court of Arkansas
Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The complaint did not allege damages for failure to furnish the car, nor that notice was given of intention to claim damages for such failure.
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Appeal from Clay Circuit Court; Allen Hughes, Judge; 1. The complaint did not allege damages for failure to furnish the car, nor that notice was given of intention to claim damages for such failure. It was therefore error to admit evidence, over defendant’s objection, tending to prove damages accruing before the hogs were loaded. 71 Ark. 197; 29 Ark. 372; 70 Ark. 232; 75 Ark. 465; 59 Ark. 165. 2. The sixth clause of the contract is a reasonable regulation, and the third instruction asked by defendant, based thereon, should have been given. The letter of plaintiff, written eighteen days after…
1Opinion of the CourtBattle, J.
“On the 31st day of December, 1903, the plaintiffs instituted this action, and alleged that on the 12th day of November, 1903, they shipped one carload of hogs from Rector, Arkansas, to St. Louis, Missouri; that they were delivered to the defendant in good condition, and on account of the carelessness and negligence of its agents in transporting the car they were damaged in the sum of $50, on account of the depreciation in prices and shrinkage.
“They further alleged that on the 16th day of December, 1903, they delivered a carload of hogs in good condition at Rector, Arkansas, fo.r shipment to…
2Cases cited1 opinion
- St. Louis, Iron Mountain & Southern Railway Co. v. LawSupreme Court of Arkansas · 1900
3Cited by6 opinions
- St. Louis & San Francisco Railroad v. KellerSupreme Court of Arkansas · 1909
- St. Louis & San Francisco Railroad v. BurginSupreme Court of Arkansas · 1907
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1908
- State v. LaneMissouri Court of Appeals · 1927
- Ferguson v. LeachSupreme Court of Arkansas · 1947
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