St. Louis & San Francisco Railroad v. Heyser
Supreme Court of Arkansas
Appeal from Benton Circuit Court; Joseph S. Maples, Judge; The State court had no jurisdiction of this cause of action. Hepburn Act, § 1. The shipper may select the connecting carrier, and. compel the initial carrier to make the through shipment in this way. Hutchinson on Car., § 130; 9 Int. Com.
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Appeal from Benton Circuit Court; Joseph S. Maples, Judge; The State court had no jurisdiction of this cause of action. Hepburn Act, § 1. The shipper may select the connecting carrier, and. compel the initial carrier to make the through shipment in this way. Hutchinson on Car., § 130; 9 Int. Com. R. 182; 12 Id. 418; 50 Neb. 592; 97 S. W. 778. But this was not true at common law. no U. S. 667. In the absence of evidence to the contrary, the presumption is that the damage occurred on the line of the delivery carrier. 76 Ark. 589; 74 Ark. 597; 73 Ark. 114; 72 Ark. 502; 100 S. W. 889. The…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by William: Heyser, the plaintiff below, against the St. Louis & San Francisco Railroad Company to recover the damages which resulted during transportation to a shipment of peaches. It was alleged in the complaint that on August 8, 1907, the plaintiff' delivered to the defendant at Rogers in the State of Arkansas two cars of peaches for carriage to Baltimore in the State of Maryland, and that the defendant accepted the property for transportation, and by its written contract agreed to carry same to said latter point and there deliver same to plaintiff. It was…
2Cases cited20 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Claflin v. HousemanSupreme Court of the United States · 1876
- United States v. SteffensSupreme Court of the United States · 1879
- Robb v. ConnollySupreme Court of the United States · 1884
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
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- Homer v. Oregon Short Line RailroadUtah Supreme Court · 1912
- Erisman v. Chicago, Burlington & Quincy RailroadSupreme Court of Iowa · 1917
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