Legal Opinion

Gus Datillo Fruit Co. v. Louisville & Nashville Railroad

Court of Appeals of Kentucky (pre-1976)

Decided December 14, 1928PublishedCited by 4 opinions

1Opinion of the Court

Opinion op the Court by

Judge Rees—

Affirming.

This appeal is from a judgment denying plaintiff’s claim for damages to two shipments of bananas. The petition is in two paragraphs, in the first of which damage is asserted to the extent of $420.85 due to alleged chilling of the fruit by action of the carrier in the. Louisville terminal. In the second paragraph it is alleged that the fruit was bruised and injured by improper handling while in the custody of the carrier, and damages in the sum of $261- are claimed.

The trial court gave a peremptory instruction to find for the defendant on the first…

2Cases cited2 opinions

  1. Davis v. HendersonSupreme Court of the United States · 1924
  2. Gus Datillo Fruit Co. v. Illinois Central RailroadCourt of Appeals of Kentucky (pre-1976) · 1927

3Cited by4 opinions

  1. Gus Dattilo Fruit Co. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1931
  2. Thomas v. Pacific S. S. Lines, Ltd.Court of Appeals for the Ninth Circuit · 1936
  3. Louisville Nashville Railroad Co. v. HensleyCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Vaccaro Bros. & Co. v. L. & N. R. R.Louisiana Court of Appeal · 1929

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