Stiles, Gaddie & Stiles v. Louisville & N. R. R.
Court of Appeals of Kentucky
CASE 18. — ACTION BY STILES, GADDIE & STILES AGAINST THE LOUISVILLE & NAHVILLE RAILROAD COMPANY TO RECOVER THE VALUE OP HORSES BURNED IN COURSE OP SHIPMENT. — May 28. Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Prom a judgment dismissing the petition, plaintiffs appeal. — Question of law discussed.
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CASE 18. — ACTION BY STILES, GADDIE & STILES AGAINST THE LOUISVILLE & NAHVILLE RAILROAD COMPANY TO RECOVER THE VALUE OP HORSES BURNED IN COURSE OP SHIPMENT. — May 28. Appeal from Nelson Circuit Court. Samuel E. Jones, Circuit Judge. Prom a judgment dismissing the petition, plaintiffs appeal. — Question of law discussed. The liability of a common carrier* in this State in the transportation of animals is that of an insurer, except as against (1) The Act of God, (2) The Public Enemy, (3) Inherent Infirmity in the Goods, (4) The Fault of Fraud of the Shipper, and (5) the Proper Vice of the…
1Opinion of the Court
Opinion op the Court by
Judge Barker —
Reversing-
This action was instituted for the purpose of recovering the value of 30 head of horses shipped from East St. Louis, Ill., to New Haven, Ky., over the railroad of defendant, and which were destroyed by fire in. Louisville, Ky. There is no allegation in the petition of any negligence on the part of the carrier, and a general demurrer to the petition was sustained by the court. The plaintiffs "declining to amend their petition, it was dismissed, from which judgment this appeal is prosecuted.
The sole question arising on the record is whether or not,…
2Cases cited2 opinions
- Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
- Cincinnati, N. O. & T. P. Ry. Co. v. SandersCourt of Appeals of Kentucky · 1904
3Cited by15 opinions
- Cudahy Packing Co. v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1916
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. RankinCourt of Appeals of Kentucky · 1913
- A. Arnold & Son Transfer & Storage Co. v. WeisigerCourt of Appeals of Kentucky (pre-1976) · 1928
- Davis v. Sullivan OpryTexas Commission of Appeals · 1924
- Ritchie v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1926
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