Legal Opinion

Greenwich Insurance v. L. & N. R. R.

Court of Appeals of Kentucky

Decided February 4, 1902PublishedCited by 37 opinions

■Case 68 — Action by Greenwich Insurance Co. against the L. & N. R. R. Co. and the Frank Fehr Brewing Co. to Recover Damage for Loss by Fire — APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. On July 13, 1899, at noon the plaintiff Greenwich Ins. Co. insured for Frank Fehr Brewing Co. in the sum of $300 on a one-story frame cold storage building.

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■Case 68 — Action by Greenwich Insurance Co. against the L. & N. R. R. Co. and the Frank Fehr Brewing Co. to Recover Damage for Loss by Fire — APPEAL FROM MARION CIRCUIT COURT. Judgment for Defendants and Plaintiff Appeals. On July 13, 1899, at noon the plaintiff Greenwich Ins. Co. insured for Frank Fehr Brewing Co. in the sum of $300 on a one-story frame cold storage building. About a half hour after the insurance was placed on this building, the petition alleges, that the L. & N. R. R. Co. with gross negligence did operate and run its locomotive engine in an exceedingly dry time, while same…

1Opinion of the Court

Opinion-or the court by

JUDGE O’REAR —

Arfikming.

The New South Brewing & Ice Company was granted the privilege by appellee, the Louisville & Nashville Railroad Company, to build a cold storage house upon the latter’» right of way near Lebanon Station. Among the conditions of the lease was the following: “And whereas, such use of the right of way or the lands of said railway company is solely at the instance of said brewing and ice company, and for its accommodation, and without charge on the part of said railroad company, and whereas, said railroad com*602pany would not give its permission or…

2Cases cited2 opinions

  1. Hartford Fire Insurance v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1899
  2. Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895

3Cited by37 opinions

  1. Cumberland Valley Contractors, Inc. v. Bell County Coal Corp.Kentucky Supreme Court · 2007
  2. Hargis v. BaizeKentucky Supreme Court · 2005
  3. Berjian v. Ohio Bell Telephone Co.Ohio Supreme Court · 1978
  4. Ide v. Boston & Maine RailroadSupreme Court of Vermont · 1909
  5. James Quirk Milling Co. v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1906

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