Kansas City, Pittsburg & Gulp Railroad v. Barnett
Supreme Court of Arkansas
Appeal from Little Eiver Circuit Court. Will P. ILsazel, Judge. The mere delivery of cattle into the stock pens of a railroad company does not fix upon it the liability of a common carrier. 1 tí. W. 44 6; S. 0. 27 Am. & Eng. E. Cas.’ 49; 42 Ark. 200; 60 Ark! 338; 26 S. W. 312. To hold the company for loss or -injury of goods tendered for carriage, in addition to a delivery to the shipper, there must he shown an actual or implied acceptance for immediate shipment. Hutch.
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Appeal from Little Eiver Circuit Court. Will P. ILsazel, Judge. The mere delivery of cattle into the stock pens of a railroad company does not fix upon it the liability of a common carrier. 1 tí. W. 44 6; S. 0. 27 Am. & Eng. E. Cas.’ 49; 42 Ark. 200; 60 Ark! 338; 26 S. W. 312. To hold the company for loss or -injury of goods tendered for carriage, in addition to a delivery to the shipper, there must he shown an actual or implied acceptance for immediate shipment. Hutch. Carr. § 82; 5 Am. & Eng. Enc. Law (2d Ed.), 181. As to distinction between mere receiving and acceptance, see: Hutch. Carr.…
1Opinion of the CourtTattle, J.
E. L. Barnett brought this action against the Kansas City, Pittsburg & Gulf Railroad Company to recover damages on account of the loss and escape of, and injuries to, cattle delivered to and received by the defendant for transporation over its line of railroad. Plaintiff states his cause of action as follows: “On the 29th day of March, 1898, the plaintiff was the owner of 104 head of cattle, which he had gathered at Wilton, in Little Eiver county, in the state of Arkansas, on the defendant's line of railway, for the purpose of shipping them to Bonham, Texas, to be delivered and placed on the…
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