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94 Ark. 103

Southern Express Co. v. Meyer

Supreme Court of Arkansas

Decided February 14, 1910

Supreme Court of Arkansas · decided 1910-02-14

The appellee delivered to appellant at Jonesboro, Arkansas, certain mink hides for transportation to New York, One lot was consigned to Joe Frak, and another lot to J. T. Silverstein.

Cited by 2 later decisions — most recently April 1913

2 state decisions

Relies on St. Louis Southwestern Railway Co. v. Grayson · Kansas City Southern Railway Co. v. Carl · St. Louis & San Francisco Railroad v. Wells

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1910-02-14

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Wood, J.,

¶1(after stating the facts). As appellee, under the evidence, had no opportunity to ship under any other than a contract of limited liability, he was entitled to recover, under the decision of this court in St. Louis & S. F. Rd. Co. v. Wells, 81 Ark. 469.

¶2As the contract under which these shipments were made limited the liability of appellant to loss occurring while in its possession, and limited the damages to the amount stated in the contract, it was void in these particulars, and appellee was also entitled to recover under the doctrine of this court announced in St. Louis S. W. Ry. Co. v. Grayson, 89 Ark. 154; Kansas City S. Ry. Co. v. Carl, 91 Ark. 97, and Smeltzer v. St. Louis & S. F. Rd. Co., 158 Fed. Rep. 649. See also Chicago, R. I. & P. Ry. Co. v. Miles, 92 Ark. 573.

¶3Affirmed.

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