Rhodes v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
Case 32 — PETITION ORDINARY APPEAL EROM MARION CIRCUIT COURT. CITED 2 Redfield’s Railway Cases, 368, 373. 6 How. 344, N. J. S. N. Co. v. Merchants’ Bank. 24 Iowa, 412, McDaniel v. C. &. N. W. R. W. Co. 63 Penn. 14, Empire Trans. Co. v. Wamsutta Oil Co. 13 Wend. 611, 627, 628. Story on Bailments, 570.
1Opinion of the CourtChief Justice Hardin
This was an action against the appellee as a common carrier for the recovery of damages for injuries to the plaintiff’s cattle, *689which, the defendant had received on one of its trains at St. Mary’s, in Marion County, for transportation to Louisville, Kentucky; it being alleged, in effect, in the petition that the car in which the cattle were placed was insufficient for their safe carriage, and in consequence of its defectiveness two of them escaped from it on the route, the fall from the car while in motion disabling one of them and fatally injuring the other.
The defendant in its answer,…
2Cited by4 opinions
- St. L., I. M. & S. Ry. v. LesserSupreme Court of Arkansas · 1885
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Ohio & Mississippi Railway Co. v. TaborCourt of Appeals of Kentucky · 1895
- G., H. & H. R'y Co. v. AllisonTexas Supreme Court · 1883