Newport News, Co. v. Mercer & Warfield
Court of Appeals of Kentucky
Case 77 — PETITION OBDINABY — APPEAL FROM HARDIN CIRCUIT COURT. No brief in record. 1. The burden of proof was upon appellees. . 2. A railway station agent authorized to receive freight for Shipment has implied authority to make a contract binding the company to furnish cars on the specified day, the shipper being ignorant of any limitation, of such power. (Hutchinson on Carriers, 2d ed., sec. 319 b\ Harrison v. Mo. Pac. R. Co., 74 Mo, 364; s. c., 41 Am..
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Case 77 — PETITION OBDINABY — APPEAL FROM HARDIN CIRCUIT COURT. No brief in record. 1. The burden of proof was upon appellees. . 2. A railway station agent authorized to receive freight for Shipment has implied authority to make a contract binding the company to furnish cars on the specified day, the shipper being ignorant of any limitation, of such power. (Hutchinson on Carriers, 2d ed., sec. 319 b\ Harrison v. Mo. Pac. R. Co., 74 Mo, 364; s. c., 41 Am.. Rep., 318; Story on Agency, secs. 127,443; 2 Redfield on Railroads, 113; Denning v„ Grand Trunk R. Co., 40 N. H., 455; s. c., 2 Am. Rep.,…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OF THE COURT.
Mercer & Warfield, a firm dealing in live stock, purchased forty-seven fat cattle, to be delivered by November 1, 1892, at. Princeton, a station on the road of the Newport News and Mississippi Yalley Railroad Company, for shipment to market, which they allege was at Cincinnati, Ohio. They state and show that the person from whom they purchased was requested and authorized to engage two empty rack cars whereon to ship the cattle Saturday evening, October 29, and the local agent of the company agreed to have them ready at that place and time.…
2Cited by7 opinions
- Illinois Central Railroad v. River & Rail Coal & Coke Co.Court of Appeals of Kentucky · 1912
- Di Giorgio Importing & Steamship Co. v. Pennsylvania Railroad Co.Court of Appeals of Maryland · 1906
- Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
- Levy v. Nevada-California-Oregon Ry.Oregon Supreme Court · 1916
- Louisville & Nashville Railroad v. CrainCourt of Appeals of Kentucky · 1920
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