Wald & Co. v. Louisville, Evansville & St. Louis Railroad
Court of Appeals of Kentucky
Case 117 — PETITION ORDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The evidence was ample to justify the conclusion that the depot was fired by sparks from the engine, and it was error to give a peremptory instruction to find for defendant. (Powell v. Ball, 5 Q. B. D., 597; Smith v. London, &c., By. Oo., L. R., 6 C. P., 14; Greenfield v. Chicago, &c., By. Co., 49 N. W. Rep., 95; Gibbons v. Wisconsin Valley By.
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Case 117 — PETITION ORDINABY APPEAL PROM LOUISVILLE LAW AND EQUITY COURT. 1. The evidence was ample to justify the conclusion that the depot was fired by sparks from the engine, and it was error to give a peremptory instruction to find for defendant. (Powell v. Ball, 5 Q. B. D., 597; Smith v. London, &c., By. Oo., L. R., 6 C. P., 14; Greenfield v. Chicago, &c., By. Co., 49 N. W. Rep., 95; Gibbons v. Wisconsin Valley By. Co., 66 Wis., 161.) 2. The defendant was, as to plaintiffs, a warehouseman, a bailee for hire. (Central Trust Co., of N. Y. v. Wabash, &c., By. Co., 39 Bed. Bep., 417; Hoeger…
1Opinion of the Court
JUDGE BENNETT
delivered the opinion of the court.
The appellants, a mercantile firm in the city of Cin*647oinnati, had-Bloeker employed as their traveling ■agent to sell their merchandise to customers in different parts of the country. On the 20th day of July, 1888, said agent was traveling on the appellee’s road as passenger, in the service of appellant as such agent, having three trunks of samples on board the train, checked as baggage to Booneville, Ind., a small town, at which there was a waystation. The train arrived at Booneville on the 20th day of July, about 9:15 p. M., and the agent got…
2Cases cited2 opinions
- Louisville, Cincinnati & Lexington Railroad v. MahanCourt of Appeals of Kentucky · 1871
- Louisville & Nashville R. R. v. BrownleeCourt of Appeals of Kentucky · 1879
3Cited by11 opinions
- Owen Motor Freight Lines v. Russell's Adm'rCourt of Appeals of Kentucky (pre-1976) · 1935
- Threlkeld v. Breaux Ballard, Inc.Court of Appeals of Kentucky (pre-1976) · 1944
- Perry's Adm'x v. Inter-Southern L. Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1933
- Chesapeake & Ohio Railway Co. v. BeasleySupreme Court of Virginia · 1906
- Citizens' Nat. Bank of Plainview v. SlatonCourt of Appeals of Texas · 1916
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