Paducah Lumber Co. v. Paducah Water Supply Co.
Court of Appeals of Kentucky
Case 53 — PETITION ORDINARY APPEAL PROM M’CRAOICEN COURT OF COMMON PLEAS. 1. This is not an action ex delicto to recover damages for a tort or for tortious negligence, but it is an action ex contractu seeking to recover for a 'loss occasioned by a breach of an express contract. Different and distinct rules as to damages govern in these two classes of cases.
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Case 53 — PETITION ORDINARY APPEAL PROM M’CRAOICEN COURT OF COMMON PLEAS. 1. This is not an action ex delicto to recover damages for a tort or for tortious negligence, but it is an action ex contractu seeking to recover for a 'loss occasioned by a breach of an express contract. Different and distinct rules as to damages govern in these two classes of cases. It is always competent for parties to contract in reference to contingent, uncertain or remote liability, and if they do so, their contract becomes the law of that caso. (Shinkle v. City of Covington, 1 Bush, 618; Webb v. Rome, W. & 0.…
1Opinion of the CourtChief Justice Lewis
The buildings, machinery and other property of appellant, a corporation engaged in the lumber and planing-mill business in the city of Paducah, having been, in 1877, destroyed by lire, it instituted this action to recover damages therefor of appellee, also a corpora-*343Hon, and the city of Paducah having, as alleged, refused to join as plaintiff, was made likewise defendant to the action, though no recovery against it is sought.
In the petition it is stated, in substance, that in consideration of the grant by the city of Paducah to appellee, as assignee of one Jones, of the franchise and right to…
2Cases cited1 opinion
- Allen v. ThomasCourt of Appeals of Kentucky · 1860
3Cited by55 opinions
- Gorrell v. Greensboro Water Supply Co.Supreme Court of North Carolina · 1899
- Allen & Currey Mfg. Co. v. Shreveport Waterworks Co.Supreme Court of Louisiana · 1905
- Howsmon v. Trenton Water Co.Supreme Court of Missouri · 1893
- Hunt Bros. Co. v. San Lorenzo Etc. Co.California Supreme Court · 1906
- Sibert v. GarrettCourt of Appeals of Kentucky · 1922
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