Legal Opinion

McConnell v. Pedigo

Court of Appeals of Kentucky

Decided January 14, 1892PublishedCited by 26 opinions

Case 85 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. 1. The railroad company as a carrier owes no duty to one who is not a customer of it; and it has the right to control the use of its property so as to promote its own interests to the extent of denying the use oi its property to one while granting the use of the same to another in matters wherein it owes no duty to the public. (Old Colony R. Co. v. Tripp, 147 Mass., 99; s. c. 9 Am.

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Case 85 — PETITION EQUITY APPEAL PROM BARREN CIRCUIT COURT. 1. The railroad company as a carrier owes no duty to one who is not a customer of it; and it has the right to control the use of its property so as to promote its own interests to the extent of denying the use oi its property to one while granting the use of the same to another in matters wherein it owes no duty to the public. (Old Colony R. Co. v. Tripp, 147 Mass., 99; s. c. 9 Am. St. Rep., 661; Elecker v. Georgia R. & B. Co., 81 Ga., 261; s. c. 12 Am. St. Rep., 328; Barney v. Oyster Bay Co., 67 N. Y., 301; s. c. 23 Am. Rep., 115;…

1Opinion of the Court

JUDGE PEYOE

delivered the opinion oe the court.

This case comes from the Superior Court. The Louisville & Nashville Railroad Company, by contract, agreed to give to McConnell the exclusive privilege of standing hacks at the platform of its depot in Glasgow, in consideration that McConnell would carry the mails from the depot to the post-office in that town, the railroad company under its contract with the Government being compelled to deliver the mail on schedule time. The privilege is confined to the exclusion of all other public hacks or vehicles from the hotels of the town. The contract was…

2Cases cited2 opinions

  1. McCann v. RandallMassachusetts Supreme Judicial Court · 1888
  2. Montana Union Railway Co. v. LangloisMontana Supreme Court · 1890

3Cited by26 opinions

  1. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
  2. Pennsylvania Co. v. City of ChicagoIllinois Supreme Court · 1899
  3. Simons v. GregoryCourt of Appeals of Kentucky · 1905
  4. Association of Independent Taxi Operators, Inc. v. Yellow Cab Co.Court of Appeals of Maryland · 1951
  5. Godbout v. St. Paul Union Depot Co.Supreme Court of Minnesota · 1900

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