Ill. Cent. R. R. v. Hopkinsville Can. Co.
Court of Appeals of Kentucky
Appeal from Christian Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. In a suit for damages growing out of delay in a shipment the owner of the goods cannot recover special damages from the carrier unless it is clearly shown that at the time the contract of shipment was made the carrier’s .agent to whom the shipment was delivered for transportation was notified of the purpose for which the goods were intended…
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Appeal from Christian Circuit Court. Thos. P. Cook, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS AND AUTHORITIES. 1. In a suit for damages growing out of delay in a shipment the owner of the goods cannot recover special damages from the carrier unless it is clearly shown that at the time the contract of shipment was made the carrier’s .agent to whom the shipment was delivered for transportation was notified of the purpose for which the goods were intended and the specific loss which would occur in case of delay. L. & N. vs. Mink, 31 Ky. Law Rep., 833; Marbury Lumber Co. vs.…
1Opinion of the Court
Opinion op the Court by
Judge Hobson
Reversing.
The Hopkinsville Canning Company in the year 1905 made a contract with a number of farmers in the neighborhood to take their tomatoes, and also made a contract with the American Can Company to ship them cans from Indianapolis to pack the tomatoes. On August 22d the canning company telegraphed to the American Can Company to ship them a car load of cans so as to arrive there on the 25th; that they were out of cans. The American Can Company put the cans on a ear and delivered them to the Trunk Line at Indianapolis on the night of August the 28th. The…
2Cases cited3 opinions
- Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
- Louisville & N. R. R. v. MinkCourt of Appeals of Kentucky · 1907
- Patterson v. Illinois Cent. Ry. Co.Court of Appeals of Kentucky · 1906
3Cited by6 opinions
- Florida East Coast Railway Co. v. PetersSupreme Court of Florida · 1916
- Alton Railroad Co. v. Oklahoma Furn. Mfg. Co.Supreme Court of Oklahoma · 1942
- Beutel v. American Machine Co.Court of Appeals of Kentucky · 1911
- Percy v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1929
- Franklin Manufacturing Co. v. Union Pacific RailroadSupreme Court of Minnesota · 1976
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