Ches. & Ohio Ry. Co. v. Maysville Brick Co.
Court of Appeals of Kentucky
Appeal from Mason Circuit Court. James P. Hakbeson, Circuit Judge. Judgment for plaintiff. Defendant appeals POINTS AND AUTHORITIES. 1. The contract set up in appellee’s petition and upon which •this suit is based, is illegal and 'opposed to public policy both at common law and by virtue of the provisions of section 214 of Kentucky Constitution, and 817 of Kentucky Statutes.
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Appeal from Mason Circuit Court. James P. Hakbeson, Circuit Judge. Judgment for plaintiff. Defendant appeals POINTS AND AUTHORITIES. 1. The contract set up in appellee’s petition and upon which •this suit is based, is illegal and 'opposed to public policy both at common law and by virtue of the provisions of section 214 of Kentucky Constitution, and 817 of Kentucky Statutes. (Sec. 214, Constitution; Sec. 817, Kentucky Statutes; Beales and Wyman ion Railroad Rate Regulation, sec. 724, Chapter XXI; Messenger v. Pennsylvania R. Co. (N. J.), 13 Am. Rep. 547; Schofield v. L. S. & M. S. Ry. Co., 43…
1Opinion of the Court
Opinion of the Court by
Wm. Bogers Clay, Commissioner
Beversing.
Plaintiff, Maysville Brick Company, and defendant, Chesapeake & Ohio Bailway Company, through its agent at Maysville, Ky., entered into a contract for the shipment of a number of car loads of bricks *646from. Maysville to Frankfort, Ky., at the, rate of 4 cents per 100 pounds. Plaintiff thereupon shipped. 48 car loads of bricks to consignees at Frankfort. According to the arrangement between the plaintiff' and the parties to whom the bricks were shipped, the latter were to pay the freight charges and deduct the same from the amount of…
2Cases cited11 opinions
- Texas & Pacific Railway Co. v. MuggSupreme Court of the United States · 1906
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Craft v. McConoughyIllinois Supreme Court · 1875
- Southern Railway Co. v. HarrisonSupreme Court of Alabama · 1898
- Hancock v. Louisville & Nashville RailroadSupreme Court of the United States · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Hunt v. SmithCourt of Appeals of Kentucky · 1921
- Robenson v. YannCourt of Appeals of Kentucky (pre-1976) · 1928
- L. & N. R. R. v. AllenCourt of Appeals of Kentucky · 1913
- Tobacco By-Products & Chemical Corp. v. Western Dark Fired Tobacco Growers Ass'nCourt of Appeals of Kentucky (pre-1976) · 1939
- Louisville & Nashville Railroad v. Coquillard Wagon Works' AssigneesCourt of Appeals of Kentucky · 1912
9 more not listed; retrieve them via the Exa API.