Kelly v. Adams Express Co.
Court of Appeals of Kentucky
CASE 29 — ACTION BY JAMES H. KELLY AGAINST THE ADAMS EXPRESS CO. FOR NEGLEGENTLY CAUSING THE DEATH OF A JACK IN SHIPMENT. — Appeal from Warren Circuit Court.
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CASE 29 — ACTION BY JAMES H. KELLY AGAINST THE ADAMS EXPRESS CO. FOR NEGLEGENTLY CAUSING THE DEATH OF A JACK IN SHIPMENT. — Appeal from Warren Circuit Court. Judgment for defendant, plaintiff appeals. — SUMMARY AND AUTHORITIES. 1. A carrier of live stock is an insurer except as to loss or injury from inherent defects, propensities, or proper vice® of the animals themselves, and burden of disproving negligence and establishing death or injury from the above exceptions is on the carrier. Browne’s Law of Bailments, page 197 'and cases cited. C. N. O. & T. P. R. R. v. Sanders & Russell, 80, S. W.…
1Opinion of the Court
Opinion of the court by
Judge O’Rear
— Affirming.
*210This action is based upon a contract of affreightment, by which appellee undertook, in consideration of $31.68 to carry a jack for appellant from Bowling Green, Ky., to Sandusky, Mich. The jack was boxed in a crate and placed on the trucks at the depot, at Bowling Green, apparently in good condition. A train which came into the station ahead of the one on which the jack was to be carried excited him so that in plunging he partially fell down in the crate and was not able to regain his position. He was loaded on the express car in a few minutes…
2Cited by8 opinions
- Henes v. McGovernSupreme Court of Pennsylvania · 1934
- Illinois Central Railroad v. WordCourt of Appeals of Kentucky · 1912
- Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. VeatchCourt of Appeals of Kentucky · 1915
- Louisville & Nashville Railroad v. CecilCourt of Appeals of Kentucky · 1913
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