Southern Express Co. v. Hill
Supreme Court of Arkansas
Appeal from Howard Circuit Court; W. V. Tompkins, Special Judge; 1. The receipt is only prima facie evidence, and may be explained or contradicted. 5 Ark. 61; 43 Id. 232; 46 Id. 217; 58 Id. 181; 69 Id. 287; 82 Ark. 492. 2. The prima facie case made by the receipt was overcome by the evidence, leaving the verdict unsupported. 67 Ark. 514; 53 Ark. 96; 66 Id. 248; 66 Id. 439. 3. The box was sent to the wrong destination by direction and address of appellee’s agent, and there…
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Appeal from Howard Circuit Court; W. V. Tompkins, Special Judge; 1. The receipt is only prima facie evidence, and may be explained or contradicted. 5 Ark. 61; 43 Id. 232; 46 Id. 217; 58 Id. 181; 69 Id. 287; 82 Ark. 492. 2. The prima facie case made by the receipt was overcome by the evidence, leaving the verdict unsupported. 67 Ark. 514; 53 Ark. 96; 66 Id. 248; 66 Id. 439. 3. The box was sent to the wrong destination by direction and address of appellee’s agent, and there can be no recovery. 36 Ark. 377; 48 Id. 106; 76 Id. 356; 81 Ark. 1; 3 Cal. (U. S. C. C.), 184; 3 Houst. (Del.) 233; 83 Pa.…
1Opinion of the CourtBattle, J.
This is an action against the appellant for the alleged loss of certain personal property. The complaint alleges that the defendant, Southern Express Company, is engaged in carrying freight and express for hire from Memphis, Tenn., to Hope, Ark., and was so engaged on March 31, 1904. That on that day the Memphis Millinery Company delivered to defendant a box of clothing, properly consigned to J. W. Hill at Nashville, Ark., to be thence transported and delivered to the consignee. That the box contained wearing apparel of plaintiff Hill of the value of $210, and was never delivered to the…
2Cases cited4 opinions
- Railway v. ShoecraftSupreme Court of Arkansas · 1890
- Kansas City Southern Railway Co. v. LewisSupreme Court of Arkansas · 1906
- St. Louis, Iron Mountain & Southern Railway Co. v. BraggSupreme Court of Arkansas · 1899
- Kansas City, Fort Scott & Memphis Railway Co. v. KingSupreme Court of Arkansas · 1899
3Cited by4 opinions
- Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909
- Pierce v. GrubenSupreme Court of Iowa · 1946
- Fourche River Valley & Indian Territory Railway Co. v. TippettSupreme Court of Arkansas · 1911
- Fidelity Mutual Life Insurance v. ClickSupreme Court of Arkansas · 1909