Legal Opinion

Lewis v. Louisville & Nashville R. R.

Court of Appeals of Kentucky

Decided November 10, 1909PublishedCited by 5 opinions

CASE 46 — ACTION BY R. J. LEWIS AGAINST THE LOUIS VILLE & NASHVILLE RAILROAD COMPANY POE LOSS OP GOODS BURNED IN DEFENDANTS’ WAREHOUSE. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendant, plaintiff appeals.

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CASE 46 — ACTION BY R. J. LEWIS AGAINST THE LOUIS VILLE & NASHVILLE RAILROAD COMPANY POE LOSS OP GOODS BURNED IN DEFENDANTS’ WAREHOUSE. Appeal from Bell Circuit Court. M. J. Moss, Circuit Judge. Judgment for defendant, plaintiff appeals. POINTS AND AUTHORITIES. 1. It was the duty of appellee as a common carrier upon receipt of appellant’s goods at Pineville, to at once notify appellant by mail of such fact, and then to keep said goods safely, as a common carrier until appellant had received the notice of their arrival and then had reasonable time thereafter in which to remove the goods from…

1Opinion of the Court

Opinion op the Court by

Judge Carroll

Reversing.

The questions presented by this record are: When does the duty and liability of a common carrier of goods as a carrier cease upon the arrival of the goods at the point of destination, and when does its duty and liability asa warehouseman begin?

It is agreed that there was shipped to the appellant Lewis over the road of the appellee company to Pineville, Ky., three packages of goods that were in its warehouse at Pineville on the night of September I6th, when the building and its contents, including this freight, was destroyed by fire; that the fire…

2Cases cited6 opinions

  1. State v. TaylorSupreme Court of Kansas · 1887
  2. United Fruit Co. v. New York & Baltimore Transportation Co.Court of Appeals of Maryland · 1906
  3. Wald & Co. v. Louisville, Evansville & St. Louis RailroadCourt of Appeals of Kentucky · 1892
  4. Columbus & Western Railway Co. v. Ludden & BatesSupreme Court of Alabama · 1889
  5. Louisville, Cincinnati & Lexington Railroad v. MahanCourt of Appeals of Kentucky · 1871

1 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hall v. Cumberland Pipe Line Co.Court of Appeals of Kentucky · 1922
  2. Hargis v. SpencerCourt of Appeals of Kentucky (pre-1976) · 1934
  3. Louisville, Henderson & St. Louis Railway Co. v. Southern Seating & Cabinet Co.Court of Appeals of Kentucky · 1914
  4. Louisville & Nashville Railroad v. Edwards' AdministratrixCourt of Appeals of Kentucky · 1919
  5. Julius Kessler & Co. v. Southern Railway Co.Court of Appeals of Kentucky · 1923

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