Standard Oil Co. v. Tierney
Court of Appeals of Kentucky
Case 71 — PETITION ORDINARY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The peremptory instruction for defendant should have been given, because there was no proof that defendant had failed to do what persons of ordinary prudence usually did under similar circumstances.
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Case 71 — PETITION ORDINARY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The peremptory instruction for defendant should have been given, because there was no proof that defendant had failed to do what persons of ordinary prudence usually did under similar circumstances. (Cormas v. Eastern Railroad, 4 Hurlstone & Norman, 781; Dugan v. Champlain Co., 56 N. Y-, 1; Crocheron v. North Shore Perry Co., 56 N. Y.,-656; Walker v. Chicago Raikoad, 33 N. W. Rep., 224; Alabama Railroad v. Arnold, 4 South. Rep., 366; Burke v. Wetherbee, 98 N. Y., 562; ante, pp. 13 to 15.) 2. The peremptory instruction…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion of the court.
In April, of the year 1888, the Standard Oil Company, at its place of business in the city of Louisville, loaded •two cars belonging to the Louisville & Nashville Railroad 'Company with oil. One of the cars contained sixty-five ¡barrels, thirty-five of those barrels being naphtha oil and the remainder the ordinary illuminating oil. This car was loaded by the company, the car being on a side track near its warehouse, belonging to the Louisville & Nashville Railroad, and was intended to be shipped South. The testimony shows that the cars were known…
2Cases cited8 opinions
- Morse v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Terre Haute & Indianapolis Railroad v. ClemIndiana Supreme Court · 1890
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1889
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Nalley v. Hartford Carpet Co.Supreme Court of Connecticut · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Louisville & N. R. R. v. BrownCourt of Appeals of Kentucky · 1908
- Standard Oil Co. v. Wakefield's AdministratorSupreme Court of Virginia · 1904
- Benge's Administrator v. FoutsCourt of Appeals of Kentucky · 1915
- Peaslee-Gaulbert Co. v. McMath's Admr.Court of Appeals of Kentucky · 1912
- Berger v. Standard Oil Co.Court of Appeals of Kentucky · 1907
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