Legal Opinion

L. & N. R. R. v. Ft. Wayne Electric Co.

Court of Appeals of Kentucky

Decided March 10, 1900PublishedCited by 3 opinions

Case 13 — Action by Ft. Wayne Electric Co. v. L. & N. R. R. Co. for Failure to Deliver Bill of Goods to Consignee APPEAL FROM TODD CIRCUIT COURT. Judgment for the Plaintiff v, D. & N. R. R. Co. and Said Company Appeals. 1. The defendant’s motion to elect should have been sustained. Facts alleged in the alternative must be .alleged concerning a definite party and plaintiff can not call on the court to find out for him against which of two defendants he has a cause of action.

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Case 13 — Action by Ft. Wayne Electric Co. v. L. & N. R. R. Co. for Failure to Deliver Bill of Goods to Consignee APPEAL FROM TODD CIRCUIT COURT. Judgment for the Plaintiff v, D. & N. R. R. Co. and Said Company Appeals. 1. The defendant’s motion to elect should have been sustained. Facts alleged in the alternative must be .alleged concerning a definite party and plaintiff can not call on the court to find out for him against which of two defendants he has a cause of action. Brown &e„ v. Ill. 'Cent. R. R. Co., 18 L. R., 974; Civil Code, see. 83, and sec. 114, sub-sec. 4. 2. The right of…

1Opinion of the Court

Opinion o<f the coubt by

JUDGE PAYNTER

Aettbming.

The appellee, in the first paragraph of its petition, avers that it sold and delivered to A. R. Camp' & Co. a certain ■bill of goods of the value of more than $400. In the second paragraph it is averred that the goods were delivered to a common carrier, and by it to the Louisville & Nashville Railroad Company, which w>as to deliver them to the consignee, A. B. Camp & Co., but had, in violation of its contract, delivered them to one Hogan, who was not authorized to receive them. In the third paragraph it is averred that the company had either…

2Cases cited2 opinions

  1. Samuel v. CheneyMassachusetts Supreme Judicial Court · 1883
  2. Brown v. Illinois Central R. R.Court of Appeals of Kentucky · 1897

3Cited by3 opinions

  1. Louisville Gas & Electric Co. v. NallCourt of Appeals of Kentucky · 1917
  2. Louisville & N. R. R. v. KimbroughCourt of Appeals of Kentucky · 1903
  3. Louisville & Nashville Railroad v. FeeneyCourt of Appeals of Kentucky · 1915

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