Bassett & Stone v. Aberdeen Coal & Mining Co.
Court of Appeals of Kentucky
Case 93. — ACTION BY BASSETT & STONE AGAINST THE ABERDEEN COAL AND MINING CO., CARRIERS, FOR THE LOSS OF A LOT OF BRICK. Appeal from Butler Circuit Court. B. W. Bradburn, Circuit Judge. Judgment for defendant. Plaintiffs appeal. In the case at bar the proof tends to show that appellee was a common carrier of goods and merchandise on upper Green river.
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Case 93. — ACTION BY BASSETT & STONE AGAINST THE ABERDEEN COAL AND MINING CO., CARRIERS, FOR THE LOSS OF A LOT OF BRICK. Appeal from Butler Circuit Court. B. W. Bradburn, Circuit Judge. Judgment for defendant. Plaintiffs appeal. In the case at bar the proof tends to show that appellee was a common carrier of goods and merchandise on upper Green river. It also appears that appellee was a common carrier of freight by towing on Green river and also between Evansville, Indiana, on the Ohio river, and Rochester, Kentucky, on Green river. Its manner of conducting its business on Green river and its…
1Opinion of the Court
Opinion by
Chief Justice Hobson
Reversing.
The Aberdeen Coal & Mining Company operated two boats — tbe Carson and I. N. Hook — on Green River. Bassett & Stone made a contract witb tbe company to bring a lot of brick from Evansville to Rochester for $160, tbe brick to be loaded by them at Evansville on a barge belonging to it, and then to be towed by it np to Rochester. Tbe contract was made by telephone, and afterwards confirmed by letter. "While tbe boat I. N. Hook was going up tbe river tbe barge struck a bidden snag and was sunk. Bassett & Stone then filed this suit against tbe company to…
2Cases cited3 opinions
- Robertson v. KennedyCourt of Appeals of Kentucky · 1834
- Farley v. LavaryCourt of Appeals of Kentucky · 1900
- Varble v. BigleyCourt of Appeals of Kentucky · 1879
3Cited by2 opinions
- Crescent Coal Co. v. L. & N. R. R. Co.Court of Appeals of Kentucky · 1911
- Senters v. Ratliff's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1939