Crutcher v. Choctaw, Oklahoma & Gulf Railroad
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court. statement by the court. Action for damages alleged to have resulted from delay in transportation of a car load of cotton seed hulls and meal, which was delivered to defendant at Little Rock by .the Arkansas Cotton Oil Company for shipment to Lonoke, a station on defendant’s road.
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Appeal from Lonoke Circuit Court. statement by the court. Action for damages alleged to have resulted from delay in transportation of a car load of cotton seed hulls and meal, which was delivered to defendant at Little Rock by .the Arkansas Cotton Oil Company for shipment to Lonoke, a station on defendant’s road. The plaintiff alleged in his complaint that he ordered the shipment of hulls and meal to use as food for his cattle at.Lonoke, and that by reason of the delay the cattle were injured, and plaintiff demanded damages therefor in the sum of $314. • He further' alleged that he was…
1Opinion of the Court
McCuuuoch, J.,
(after stating the facts.) It is settled by the decisions of this-court that ordinarily the measure of damages recoverable against a common carrier resulting from delay in transportation of property is the difference between the value at the time and place the delivery should have been made and the value when delivery was in fact made, with interest, after deducting freight charges. But if there be special circumstances, known to both parties to the contract of shipment, surrounding the intended use of the property, which would augment the damages resulting from delay, and which…
2Cases cited9 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Vicksburg & Meridian R. R. v. RagsdaleMississippi Supreme Court · 1872
- Hooks Smelting Co. v. Planters' Compress Co.Supreme Court of Arkansas · 1904
- St. L., I. M. & S. Ry. Co. v. MudfordSupreme Court of Arkansas · 1886
- DeYampert v. JohnsonSupreme Court of Arkansas · 1891
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Williams v. Atlantic Coast Line RailroadSupreme Court of Florida · 1908
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Southern Telephone Co. v. KingSupreme Court of Arkansas · 1912
- Illinois Central Railroad v. JohnsonTennessee Supreme Court · 1906
- Gibson v. Inman Packet Co.Supreme Court of Arkansas · 1914
14 more not listed; retrieve them via the Exa API.