L. & N. R. R. v. Gay

Opinion of the Court by

Judge Nunn

Reversing.

Appellee brought this action to recover the value of a special seed separator which was shipped to him by S. Howes & Co., from Silver Creek, New York, to be delivered to him by appellee in Winchester, Kentucky. On March 21 the depot of appellant in Winchester was destroyed by fire, and five pieces of appellee’s machine, which had arrived immediately prior to that date, were also burned; the other part of the machine did not arrive in Winchester until April 6, 1906. Appellee recovered judgment in the lower court against appellant for $420, the value…