St. Louis, Iron Mountain & Southern Railway Co. v. Chappell
Supreme Court of Arkansas
Appeal from Nevada'Circuit Court; Joel D. Conway, Judge; Action by Chappell & Billingsley against the St. Louis, ' Iron Mountain & Southern Railway Company. Plaintiffs recovered judgment, and defendant has appealed. 1. There is no primary liability on the part of appellant. If the lumber company had the right to use appellant’s switch track, such use amounted to no more than a license or leasehold interest.
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Appeal from Nevada'Circuit Court; Joel D. Conway, Judge; Action by Chappell & Billingsley against the St. Louis, ' Iron Mountain & Southern Railway Company. Plaintiffs recovered judgment, and defendant has appealed. 1. There is no primary liability on the part of appellant. If the lumber company had the right to use appellant’s switch track, such use amounted to no more than a license or leasehold interest. Both parties should have been made defendants. 68 Ark. 171. 2. The testimony is not legally sufficient to show knowledge or consent on the part of appellant to the use of its sidetracks by…
1Opinion of the CourtHire, C. J.
Appellees owned sixty-five tons of hay, which were stored in a warehouse near the track of appellant railroad in the town of Prescott. It was destroyed by fire, and they sued the appellant railroad company. Their allegation as to negligence was .as follows:
“That said fire was caused by large sparks and burning cinders which were negligently and carelessly permitted to escape from the engine which was run or permitted to be run by the defendant on its track and in front of and near said warehouse, where said hay was stored.”
The evidence satisfied the trial court that .there was nothing to go…
2Cases cited1 opinion
- Little Rock & Ft. Smith Railway Co. v. DanielsSupreme Court of Arkansas · 1900
3Cited by5 opinions
- Monson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1916
- Willson v. Colorado & Southern Railway Co.Supreme Court of Colorado · 1914
- St. Louis, Iron Mountain & Southern Railway Co. v. RandleSupreme Court of Arkansas · 1908
- St. Louis, Iron Mountain & Southern Railway Co. v. CoutchSupreme Court of Arkansas · 1914
- Blagg v. Strickland Transportation Co.Supreme Court of Arkansas · 1953