St. Louis, Iron Mountain & Southern Railway Co. v. Pape
Supreme Court of Arkansas
Appeal from Miller Circuit Court; Jacob M. Carter, Judge; HI 1. In so far as the verdict was based on the theory that the fire was started by a spark or sparks from one of the locomotives, it is wholly unsupported by the evidence and contrary to the physical probabilities. 2. When the shipper or his agent accompanies the goods, and fire breaks out under circumstances not reasonably attributable to any act of the carrier, its insurance liability ceases with the cessation of…
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Appeal from Miller Circuit Court; Jacob M. Carter, Judge; HI 1. In so far as the verdict was based on the theory that the fire was started by a spark or sparks from one of the locomotives, it is wholly unsupported by the evidence and contrary to the physical probabilities. 2. When the shipper or his agent accompanies the goods, and fire breaks out under circumstances not reasonably attributable to any act of the carrier, its insurance liability ceases with the cessation of the reason thereof, and the burden devolves upon the shipper, upon the presumption that his agent in charge has more…
1Opinion of the CourtFrauenthal, J.
These were six separate actions instituted by the appellees to recover the value of a lot of personal property which was destroyed by fire while being transported by appellants as a common cairier. The property consisted of a lot of household goods, wearing apparel, and some live stock, portions of which were owned by the several appellees, and shipped in the same car and destroyed on the same occasion. The property was cairied under the same contract of shipment in the name of one of the appellees as consignee, but for the benefit of all of them, who paid their respective portions of the…
2Cases cited31 opinions
- Propeller Niagara v. CordesSupreme Court of the United States · 1859
- Cau v. Texas & Pacific Railway Co.Supreme Court of the United States · 1904
- Davis v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1886
- Little Rock Traction & Electric Co. v. NelsonSupreme Court of Arkansas · 1899
- Kansas City Southern Railway Co. v. MorrisSupreme Court of Arkansas · 1906
26 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- River, Rail & Harbor Construction Co. v. GoodwinSupreme Court of Arkansas · 1912
- McGrath v. Northern Pacific Railway Co.Supreme Court of Minnesota · 1913
- Missouri Pacific Railroad v. BellSupreme Court of Arkansas · 1924
- Missouri Pacific Railroad v. MartindaleSupreme Court of Arkansas · 1919
- Chicago, Rock Island & Pacific Railway Co. v. Cunningham Commission Co.Supreme Court of Arkansas · 1917
9 more not listed; retrieve them via the Exa API.