St. Louis, Iron Mountain & Southern Railway Co. v. Keefe
Supreme Court of Arkansas
Appeal from Boone Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. The appellees, who were partners in the live stock business, sued the appellant for failure to furnish cars, alleging that they had 129 head of cattle ready for shipment, and that they made application to the appellant, through its agent at Pyatt, in Marion County, for three stock cars; that the agent informed them that the cars would arrive upon a certain date; that on that date they drove their…
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Appeal from Boone Circuit Court; George W. Reed, Judge; STATEMENT BY THE COURT. The appellees, who were partners in the live stock business, sued the appellant for failure to furnish cars, alleging that they had 129 head of cattle ready for shipment, and that they made application to the appellant, through its agent at Pyatt, in Marion County, for three stock cars; that the agent informed them that the cars would arrive upon a certain date; that on that date they drove their cattle to the station, or made preparation to do so, and were then informed that the cars intended for them were not…
1Opinion of the Court
Wood, J.,
(after stating the facts). The appellant contends that the uncontroverted evidence showed that there was an extraordinary demand for stock cars, which prevented, the appellant from being able to supply the stock cars more promptly, and that appellant had an ample equipment of stock cars for use under ordinary conditions and to supply all reasonable demands, and that therefore a verdict should have been directed in its favor.
The testimony of appellant’s chief dispatcher, having supervision of the furnishing of oars on the division from which the shipment in controversy was made, was…
2Cited by4 opinions
- Arkansas State Highway Commission v. PhillipsSupreme Court of Arkansas · 1972
- Hines v. MasonSupreme Court of Arkansas · 1920
- Chicago, Rock Island & Pacific Railway Co. v. SimsSupreme Court of Arkansas · 1923
- Arkansas State Highway Commission v. PhillipsSupreme Court of Arkansas · 1972