Brown v. Illinois Central R. R.
Court of Appeals of Kentucky
Case 72 — PETITION ORDINARY APPEAL FROM CARLISLE CIRCUIT COURT. 1. Under the express terms of section 196 of the present Constitution of Kentucky, “no common carrier shall be permitted to contract for relief from its common law liability.” This provision was intended to avoid the effect of this court’s opinion in Owen v. Railroad, 87 Ky., 626. 2. 'But'the petition as amended, alleges á practical compliance with the terms of the contract.
Read the full summary
Case 72 — PETITION ORDINARY APPEAL FROM CARLISLE CIRCUIT COURT. 1. Under the express terms of section 196 of the present Constitution of Kentucky, “no common carrier shall be permitted to contract for relief from its common law liability.” This provision was intended to avoid the effect of this court’s opinion in Owen v. Railroad, 87 Ky., 626. 2. 'But'the petition as amended, alleges á practical compliance with the terms of the contract. The primary object in the insertion of that paragraph in the contract was that the company might have notice of the claim for damages within the ten days,…
1Opinion of the Court
JUDGE DuRELLE
delivered the opinion ob the court:
Tbe appellant brought suit against appellees,the Illinois Central R. R. Co. and tbe Baltimore, Ohio & Southwestern R. R. Co., the petition setting out in three paragraphs damages claimed to have resulted from alleged negligence in transporting three cars of hogs from Bardwell, Ky., to Cincinnati, Ohio. The negligence was averred to have consisted in the delivery of another carload of hogs of inferior size and quality to those shipped by appellant in place pf one carload of appellant’s hogs, and unnecessary delay in the transportation of the…
2Cases cited1 opinion
- Ohio & Mississippi Railway Co. v. TaborCourt of Appeals of Kentucky · 1895
3Cited by11 opinions
- Grieve v. Illinois Central Railway Co.Supreme Court of Iowa · 1898
- Louisville Gas & Electric Co. v. NallCourt of Appeals of Kentucky · 1917
- Louisville & Nashville Railroad v. Slusher's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1927
- Howard v. Illinois Central RailroadCourt of Appeals of Kentucky · 1914
- Adams Express Co. v. CookCourt of Appeals of Kentucky · 1915
6 more not listed; retrieve them via the Exa API.