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Miles v. Worcester.
Mun. corporations..154 Mass. 511.... 264
Missouri Pac. R'y Co. v. Long ..Railr'd companies.. 81 Tex. 253...... 811
Mitchelson v. Smith..... ...Homestead..
28 Neb. 583..... 357

Montgomery v. Muskegon B. Co...Negligence.

Morse v. Ely.....

..........Infants.............. .154 Mass. 458.... 263

Mulligan v. New York etc. R'y Co..Railr'd companies..129 N. Y. 506.... 539

Murrell v. Pacific Express Co......Carriers..

54 Ark. 22............ 17

Railr'd companies.. 53 N. J. L. 217.. 421

Nebraska etc. Ins. Co. v. Chris-Insurance......... 29 Neb. 572..... 407

tiensen...

North v. Platte County.

Olney v. German Ins. Co..........Insurance......... 88 Mich. 94..... 281

O'Neil v. Dry Dock etc. R. R. Co.. Railr'd companies..129 N. Y. 125.... 512
Oregon R'y & Nav. Co. v. Egley...Negligence..... 2 Wash. 409... 860

........Mun. corporations.. 29 Neb. 447..... 895

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Prince, Ex parte.......

Pullman etc. Co. v. Lowe......

Habeas corpus... 27 Fla. 196...... 67

....

Reed v. Tacoma Building eto. Ass'n. Boundaries...

Redden v. Metzger..

Rochefort v. Inhabitants of Attle-Mun. corporations..154 Mass. 140.......... 221

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.Fraud. conveyances. 29 Neb. 76...... 373
...Execution...... 81 Tex. 152...... 794

.....Ex'rs and adm'rs.. 88 Mich. 614.... 306

2 Wash. 45........ 842

State v. Cutshall.....

State v. French................

State v. Jones

State v. Nelson County..

State v. Quaid....

State v. Roubles

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Gaming....

...Embezzlement .

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Husband and wife..128 N. Y. 263........ 475

.Jurisdiction....... 46 Kan. 397..... 105

...Ex'rs and adm'rs.. 81 Tex. 396...... 821

St. Louis etc. R'y Co. v. Davis....Railr'd companies.. 54 Ark. 389..... 48
Stoddard v. Inhabitants of Win-Mun. corporations..154 Mass. 149.......... 223

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Railr'd companies.. 34 W. Va. 657 .. 927

..........Marr, and divorce..154 Mass. 194.... 237
54 Ark. 153..... 31

Stat. of limitations.. 28 Neb. 479.....

.......Co-tenancy........ 83 S. C. 404..... 689

AMERICAN STATE REPORTS.

VOL XXVI

CASES

IN THE

SUPREME COURT

ARKANSAS.

MURRELL V. PACIFIC EXPRESS COMPANY.

[54 ARKANSAS, 22]

COMMON CARRIERS - NEGLIGENT DELAY.-MEASURE OF DAMAGES for the breach of a contract of carriage by negligent delay includes such dam ages only as are the direct and immediate consequence of the breach, and deemed to have been contemplated by the parties when they made the contract, whether the carrier is a natural or an artificial person. If it is an express company, it is liable for the difference between the market value of the goods at the time and place where they ought to have been delivered and such value when they were delivered, together with any extra expense incurred in writing or telegraphing for them, but not for the difference between the price for which the shipper had contracted to sell them and their market value when and where they were delivered, unless the company was notified that they were shipped to complete sales already made.

ACTION to recover damages for negligent delay in the transportation of trees. Plaintiff alleged that by reason of the carrier's negligent delay, he lost certain contracts for the sale of the trees, to his damage in the sum of $282; and that in waiting for them, he incurred expenses in the sum of $21.50. Defendant entered a general denial. Plaintiff recovered a verdict and judgment for $16.50, as expenses incurred in waiting for the trees. He appealed.

Blackwood and Williams, for the appellant.

J. M. Moore, for the appellee.

HEMINGWAY, J. Upon the question of negligence, the jury found against the defendant. It is therefore obvious that the plaintiff was not prejudiced by any error in the admission or

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