Louisville & Nashville R. R. v. Brownlee
Court of Appeals of Kentucky
Case 27 — PETITION ORDINARY APPEAL FROM HART CIRCUIT COURT. 1. The law does not require a railroad company, making a special contract exempting it from loss by fire, to have depots that are proof against fire. (R. R. Co. v. Lockwood, 17 Wallace; 3.Bush, 194; Story on Bailments, sec. 570.) 2. There was no proof as to how the depot was set on fire, and therefore there was no proof that it was set on fire by the negligence of the railroad company or its agents.
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Case 27 — PETITION ORDINARY APPEAL FROM HART CIRCUIT COURT. 1. The law does not require a railroad company, making a special contract exempting it from loss by fire, to have depots that are proof against fire. (R. R. Co. v. Lockwood, 17 Wallace; 3.Bush, 194; Story on Bailments, sec. 570.) 2. There was no proof as to how the depot was set on fire, and therefore there was no proof that it was set on fire by the negligence of the railroad company or its agents. (22 N. Y. 212.) Was the building of a frame depot or station, per se, negligence ? (See Kellogg v. Chicago & N. W. R. R. Co., 26 Wis.;…
1Opinion of the Court
JUDGE ELLIOTT
delivered the opinion oe the court.
On the 11th of October, 1877, the appellees Brownlee and Wells brought this action for the recovery of the value of three hogsheads of tobacco, which they alleged had been consumed by fire while in possession of appellant’s agents, and by *593tbeir negligence, at Rowlett’s Station, a depot or station on appellant’s railroad.
On the 16th of June, 1*877, the appellees by their teamster, a colored man, delivered to appellant’s agent at its depot at Rowlett’s Station, two hogsheads of tobacco. The appellant’s agent filled up and delivered to the…
2Cases cited8 opinions
- York Company v. Central RailroadSupreme Court of the United States · 1866
- Parsons v. Monteath & HazardNew York Supreme Court · 1851
- Moore v. EvansNew York Supreme Court · 1852
- Kallman v. United States Express Co.Supreme Court of Kansas · 1865
- Van Alstyne v. CookNew York Court of Appeals · 1862
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3Cited by9 opinions
- Schaller v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1897
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
- Wald & Co. v. Louisville, Evansville & St. Louis RailroadCourt of Appeals of Kentucky · 1892
- Clark v. Southern Railway Co.Indiana Court of Appeals · 1918
- Baughman v. Louisville, RailroadCourt of Appeals of Kentucky · 1893
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