Caye v. Pool's Assignee
Court of Appeals of Kentucky
Case 15 — Action to Enforce a 'Carrier’s Lien — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment fob Defendant. Plaintiff Appeals.
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Case 15 — Action to Enforce a 'Carrier’s Lien — APPEAL FROM JEFFERSON CIRCUIT COURT, CHANCERY DIVISION. Judgment fob Defendant. Plaintiff Appeals. (No brief in record.) 1. Plaintiff shows by his petition that he is an individual, using a corporate name, a drayman hauling freight from the depot in Louisville to his customers, and can' not he a common carrier in the meaning of the law. 2. He can not be subrogated -to the rights of the railroad company, and thereby acquire a lien upon the goods he hauls for the charges.
1Opinion of the Court
Opinion by
JUDGE PAYNTEB.
Reversing.
On demurrer, the averments of the petition are taken as true, which are to the effect that the appellant, Caye was carrying on business in Louisville, Ky., under the name and style of “Van Dyke Transfer ’Company”; that his business was to transport freight from- depots to places, and deliver packages through the city at various points, and for that purpose he had a large number of horses and mules, transfer wagons, drivers, etc.; that he is a common carrier. It is further averred that it was his practice in his business to advance freight for various ■people…
2Cited by8 opinions
- Gess v. WilderCourt of Appeals of Kentucky (pre-1976) · 1931
- Hall v. Cumberland Pipe Line Co.Court of Appeals of Kentucky · 1922
- Collier v. Langan & Taylor Storage & Moving Co.Missouri Court of Appeals · 1910
- Campbell v. A. B. C. Storage & Van Co.Missouri Court of Appeals · 1915
- Senters v. Ratliff's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1939
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