Schwartz & Co. v. Erie R. R.
Court of Appeals of Kentucky
CASE 2. — ACTION BY B. P. SCHWARTZ & CO. AGAINST THE ERIE RAILROAD COMPANY FOR DAMAGES TO FREIGHT. — Appeal from Jefferson Circuit Court; O. P. Branch (Third Division). Matt 0’Doherty, Judge. Judgment for defendant, plaintiff appeals — POINTS AND AUTHORITIES. 1. Unless the loss or damage is the result of inevitable accident, common carriers are responsible for the goods which they undertake to carry.
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CASE 2. — ACTION BY B. P. SCHWARTZ & CO. AGAINST THE ERIE RAILROAD COMPANY FOR DAMAGES TO FREIGHT. — Appeal from Jefferson Circuit Court; O. P. Branch (Third Division). Matt 0’Doherty, Judge. Judgment for defendant, plaintiff appeals — POINTS AND AUTHORITIES. 1. Unless the loss or damage is the result of inevitable accident, common carriers are responsible for the goods which they undertake to carry. (Bland v. Adams Express Co., 1 Duvall 233 (62 Ky.); Hall & Co. v. Renfro, 3 Met. 51 (60 Ky.): A. & E. Ency. of Law, vol. 6, page 264; A. & E. Ency. of Law, vol. 5, page 189.) 2. A common carrier…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
B. F. Schwartz & Go. brought this suit to recover of the Erie Railroad Company $332.50 in damages for the freezing of a car load of apples shipped on December 9, 1902, from Honesdale, Pa., to Louisville, Ky., alleging that the apples were delivered to it in good order, and that between Honesdale, Pa., and Cincinnati, Ohio, while they were transported by it, it carelessly and negligently left open the ventilators on the car, and that by reason of this the apples were frozen and unfit for use. The defendant by its answer pleaded that it placed the…
2Cases cited3 opinions
- Wolf v. American Express Co.Supreme Court of Missouri · 1869
- McGraw v. B. & O. R. R. Co.West Virginia Supreme Court · 1881
- Densmore Commission Co. v. Duluth, South Shore & Atlantic RailwayWisconsin Supreme Court · 1899
3Cited by11 opinions
- Jackson & Perkins Co. v. Mushroom Transportation Co.Supreme Court of Pennsylvania · 1945
- W. H. Blodget Co. v. New York Central RailroadMassachusetts Supreme Judicial Court · 1927
- Clemons Produce Co. v. Denver & Rio Grande RailroadMissouri Court of Appeals · 1920
- Dye Produce Co. v. DavisSupreme Court of Iowa · 1925
- Fort v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1921
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