Thomas v. Frankfort & Cincinnati Ry. Co.
Court of Appeals of Kentucky
Case. 93 — Action by Claude Thomas against F. & C. Railway Company for the Possession of Certain Cattle. appeal from bourbon circuit court. Judgment for Defendant and Plaintiff Appeals.
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Case. 93 — Action by Claude Thomas against F. & C. Railway Company for the Possession of Certain Cattle. appeal from bourbon circuit court. Judgment for Defendant and Plaintiff Appeals. The plaintiff contends: 1. That the court erred in sustaining a demurrer to his reply which contained a traverse of material allegations in the answer — for example, a traverse of the allegation that appellee bad paid freight charges' to its connecting railroad line. 2. That the court erred in disregarding the reply (treating it on demurrer as utterly ineffectual -for any purpose) and in rendering, judgment…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURNAM
Affirming.
This action was instituted by the appellant, Claude M. Thomas, against the appellee, the Frankfort & Cincinnati Railway Company, under section 181 of the Civil Code, for the possession of 116 head of feeding1 cattle, which he alleged were wrongfully detained from him, and for $100 in damages. The defendant answered on December 6, 1897, that at 8:30 a. m. the plaintiff, through his agent, the Cincinnati, New Orleans & Texas Pacific Railway Company, delivered to it at Georgetown, Ky., in the usual course of business, three cars of cattle to…
2Cases cited5 opinions
- Ireland v. Mobile & Ohio R. R.Court of Appeals of Kentucky · 1899
- Caye v. Pool's AssigneeCourt of Appeals of Kentucky · 1900
- Bryan v. Memphis & Paducah RailroadCourt of Appeals of Kentucky · 1874
- Mullen v. McDonaldCourt of Appeals of Kentucky · 1897
- Boggs v. MartinCourt of Appeals of Kentucky · 1852
3Cited by2 opinions
- Atchison, T. & S. F. Ry. Co. v. BellSupreme Court of Oklahoma · 1912
- Blackford v. St. Louis, Iron Mountain & Southern Railway Co.Court of Appeals of Kentucky · 1918