Louisville & N. R. R. v. S. D. Chestnut & Bro.
Court of Appeals of Kentucky
Case 7 — Action by S. D. Chestnut & Bro. against the L. & N. R. R. Co. and Others to Recover Damages for Negligence in Shipping Turkeys. APPEAL FROM TODD CIRCUIT COURT. Judgment for Plaintiffs and Certain Defendants Appeal. POINTS AND AUTHORITIES! 1. The summons against the Chicago- & Ea’stern Illinois Railroad Company should have been quashed.
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Case 7 — Action by S. D. Chestnut & Bro. against the L. & N. R. R. Co. and Others to Recover Damages for Negligence in Shipping Turkeys. APPEAL FROM TODD CIRCUIT COURT. Judgment for Plaintiffs and Certain Defendants Appeal. POINTS AND AUTHORITIES! 1. The summons against the Chicago- & Ea’stern Illinois Railroad Company should have been quashed. The unco-ntroverted facts show that the C. & E, I. R. R. Co. had no agent in this State, no line of road touching this State, and never at any time did any business in this State, and the return of the officer on the process, 'shows that it had no…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Reversing.
Appellees, S. D. Chestnut & Bro., shipped a car load of turkeys froan Trenton, Ky., to Chicago, Ill., on December 11, 1898. The car was carried by the Louisville & Nashville Railroad Company to Evansville, Ind., and there delivered to the Evansville & Terre Haute Railroad Company, which took it to Terre Haute, and there delivered it to the Chicago & Eastern Illinois Railroad Company, which transported át to Chicago all right, but failed to take it from its yard to the unloading track at Chicago ; and while *47tba car was so delayed it turned very…
2Cases cited12 opinions
- Chesapeake, Ohio & Southwestern Railroad v. Heath's Adm'rCourt of Appeals of Kentucky · 1888
- Ireland v. Mobile & Ohio R. R.Court of Appeals of Kentucky · 1899
- Nashville, Railroad v. CarricoCourt of Appeals of Kentucky · 1894
- Wharton v. ClayCourt of Appeals of Kentucky · 1815
- Bryan v. Memphis & Paducah RailroadCourt of Appeals of Kentucky · 1874
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Foster-Milburn Co. v. ChinnCourt of Appeals of Kentucky · 1909
- Illinois Cent. R. R. v. CurryCourt of Appeals of Kentucky · 1907
- Richardson v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Foster-Milburn Co. v. ChinnCourt of Appeals of Kentucky · 1910
- McComas v. HullCourt of Appeals of Kentucky (pre-1976) · 1940
3 more not listed; retrieve them via the Exa API.