Adams Express Co. v. Schofield
Court of Appeals of Kentucky
Case 93 — Action to Recover Damages for Personal Injuries— APPEAL from franklin circuit court. Judgment for Plaintiff and Defendant Appeals.
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Case 93 — Action to Recover Damages for Personal Injuries— APPEAL from franklin circuit court. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. The contract between appellant and Owen & McKinney, whose employes were in charge of the wagon at time of the collision, makes them independent contractors with reference to the hauling of express matter, and appellant is not liable for the negligence of themselves or their employes, and the court -should have so instructed the jury. Wabash Ry. Co. v. Farver, Ill Ind., 195; Robinson, &c. ,y. Webb, 11 Bush, 467; E. L. & B. S. R.…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming,
The appellee, Blanche 'Schofield, was sitting in a phaeton near the railroad station in Shelby ville on July 26, 1898. The wagon of the Adams Express Company ran into the phaeton, breaking it down and causing her serious injury, to recover for which she filed this action in the Franklin-circuit court. The defendant, the Adams Express Company, filed a special demurrer to the petition, and then withdrew its demurrer and entered a motion to quash the return on the process. In support of this motion it filed an affidavit of its superintendent that the…
2Cases cited3 opinions
- Cox v. East Tennessee, Virginia & Georgia RailroadSupreme Court of Georgia · 1882
- Ault Woodenware Co. v. BakerIndiana Court of Appeals · 1900
- State ex rel. Railroad & Warehouse Commission v. Adams Express Co.Supreme Court of Minnesota · 1896
3Cited by18 opinions
- Operative Plasterers' & Cement Finishers' International Ass'n v. CaseCourt of Appeals for the D.C. Circuit · 1937
- Williams v. National Cash Register Co.Court of Appeals of Kentucky · 1914
- Martin v. Republic Steel Co.Supreme Court of Alabama · 1933
- Jahn's Admr. v. Wm. H. McKnight & Co.Court of Appeals of Kentucky · 1904
- Brotherhood of Railroad Trainmen v. AgnewMississippi Supreme Court · 1934
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