Legal Opinion

Patterson v. Illinois Cent. Ry. Co.

Court of Appeals of Kentucky

Decided November 20, 1906PublishedCited by 4 opinions

Case 107. — ACTION BY C. L. PATTERSON AGAINST THE ILLINgiS CENTRAL RY. CO. FOR DAMAGES FOR THE FAILURE OF THE RAILROAD COMPANY TO DELIVER COTTON SEED MEAL. — Appeal from Larue Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for Defendant. Plaintiff appeals.

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Case 107. — ACTION BY C. L. PATTERSON AGAINST THE ILLINgiS CENTRAL RY. CO. FOR DAMAGES FOR THE FAILURE OF THE RAILROAD COMPANY TO DELIVER COTTON SEED MEAL. — Appeal from Larue Circuit Court. Samuel E. Jones, Circuit Judge. Judgment for Defendant. Plaintiff appeals. POINTS AND AUTHORITIES. 1. The petition is based upon alleged negligence of appellee in failing to trace and deliver the freight after notice was given that special damages would inevitably result from further delay. 2. Authorities relied upon by appellee do not distinguish between the original contract liability of the carrier and…

1Opinion of the Court

Opinion by

Chief Justice Hobson

Affirming,

Appellant Patterson, on November 1, 1904, caused to be delivered to tbe Illinois Central Railroad Company at Helena, Ark., a car load of cotton seed meal and bulls consigned to bim at Hodgenville, Ky. Tbe car load was not delivered at Hodgenville until tbe 24tb of November, and be filed tbis suit to recover damages. He alleged in bis petition that a reasonable time for tbe delivery was not more than 6 days, or not later than November 7th; that on or about November 4th, and at divers other times before tbe car load of provender was finally delivered, be…

2Cases cited3 opinions

  1. Missouri, Kansas & Texas Railway Co. v. BelcherTexas Supreme Court · 1896
  2. Crutcher v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Arkansas · 1905
  3. Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1896

3Cited by4 opinions

  1. Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
  2. Ill. Cent. R. R. v. Hopkinsville Can. Co.Court of Appeals of Kentucky · 1909
  3. Hogg v. EdleyCourt of Appeals of Kentucky (pre-1976) · 1930
  4. Hartford Courant Co. v. StateConnecticut Superior Court · 1954

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