Legal Opinion

St. Louis & San Francisco Railroad v. Vaughan

Supreme Court of Arkansas

Decided November 16, 1908PublishedCited by 13 opinions

Appeal from Little River Circuit Court; John W. Head, Special Judge; STATEMENT BY THE COURT. Vaughan brought suit against the St. Louis & San Francisco Railroad Company, alleging that he had six cars of cattle which were delivered to it in good order for shipment on January 6, 1906, and that the company carelessly and negligently allowed the cattle to remain in the cars on the side track at Ash-down for an unreasonable length of time, without food and water, and without…

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Appeal from Little River Circuit Court; John W. Head, Special Judge; STATEMENT BY THE COURT. Vaughan brought suit against the St. Louis & San Francisco Railroad Company, alleging that he had six cars of cattle which were delivered to it in good order for shipment on January 6, 1906, and that the company carelessly and negligently allowed the cattle to remain in the cars on the side track at Ash-down for an unreasonable length of time, without food and water, and without being removed from the cars for exercise and rest, by reason of which twenty of the cattle died and 276 were reduced in…

1Opinion of the Court

Hiuu, C. J.,

(after stating the facts). 1. The first matter submitted is that there should have been a peremptory instruction in favor of the defendant. It was held on the former appeal that the undisputed testimony showed that the railroad company exercised reasonable diligence in furnishing facilities and in transporting the cattle to the destination after delivery to it; and it was pointed out that the law does not require railroads to keep engines and cars at stations at all times to move freight offered for shipment; that this would be an unreasonable requirement; and that the requirement…

2Cases cited3 opinions

  1. Kansas & Arkansas Valley Railroad v. AyersSupreme Court of Arkansas · 1897
  2. St. Louis & San Francisco Railroad v. VaughanSupreme Court of Arkansas · 1907
  3. St. Louis, Iron Mountain & Southern Railway Co. v. JacobsSupreme Court of Arkansas · 1902

3Cited by13 opinions

  1. St. Louis, Iron Mountain & Southern Railway Co. v. BlaylockSupreme Court of Arkansas · 1915
  2. St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1910
  3. Morris v. RaymondSupreme Court of Arkansas · 1918
  4. St. Louis, Iron Mountain & Southern Railway Co. v. PapeSupreme Court of Arkansas · 1911
  5. Atchison, T. & S. F. Ry. Co. v. Jarboe Livestock Commission Co.Court of Appeals for the Tenth Circuit · 1947

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