Baltimore & O. S W Ry. Co. v. J. A. Wood & Co.
Court of Appeals of Kentucky
CASE 101. — ACTION BY J. A. WOOD & CO. AGAINST THE BALTIMORE & OHIO SOUTHWESTERN R. R. CO., FOR DAMAGES IN CARRYING LIVE STOCK.— Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. — No brief for appellant) in the record.
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CASE 101. — ACTION BY J. A. WOOD & CO. AGAINST THE BALTIMORE & OHIO SOUTHWESTERN R. R. CO., FOR DAMAGES IN CARRYING LIVE STOCK.— Appeal from Jefferson Circuit Court (Common Pleas Branch, Third Division). Matt O’Doherty, Judge. Judgment for plaintiff. Defendant appeals. — No brief for appellant) in the record. QUESTIONS DISCUSSED AND AUTHORITIES CITED. 1. The real cause of action in this suit is for damage resulting from the failure of appellant to feed, rest and water the stock as required by the United States Statute, >and the form of the contract, whether verbal or written, or whether a…
1Opinion of the Court
Opinion of the Court by
Judge Barker —
Affirming.
The appellees, J. A. Wood & Co., had purchased In and around East St. Louis, Ill., 25 mules, which, they placed in the hands of Pendleton & Co. to be shipped to Charlestown, W. Va. Pendleton & Co., as agents of appellees, entered into a contract with the appellant, Baltimore & Ohio Sothwestern Eailroad Company, by which it agreed to carry the mules to their point of destination. The contract made by Pendleton & Co. with appellant was in writing, and is contained in the hill of lading filed as an exhibit with an amended answer of appellant. In…
2Cases cited1 opinion
- Illinois Cent. R. R. v. CurryCourt of Appeals of Kentucky · 1907
3Cited by7 opinions
- Elk Valley Coal Mining Co. v. WillisCourt of Appeals of Kentucky · 1912
- Bassett v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1919
- Levi v. GonzenbachCourt of Appeals of Kentucky (pre-1976) · 1930
- Vaughn v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1929
- Makeever v. Georgia Southern & Florida Railway Co.Court of Appeals of Kentucky (pre-1976) · 1927
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