Julius Kessler & Co. v. Southern Railway Co.

Opinion of the Court by

Judge McCandless

Reversing.

This suit was brought to recover the value of a cargo of whiskey consigned to the appellee at Tyrone, Ky., for transportation to Sacramento, Cal., on June 27,1917, and which was destroyed by fire- at East St. Louis, on the evening of July 2nd. From a verdict and judgment for defendant this appeal is prosecuted.

The petition alleged a wrongful and negligent failure to transport and deliver such cargo. This was denied by the answer, which also pleaded a provision of the bill of lading exempting it and connecting carriers from liability, “for any…