Cincinnati, N. O. & T. P. Ry. Co. v. Hansford & Son
Court of Appeals of Kentucky
CASE 5. -ACTION BY HANSFORD & SON AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RY. CO., TO RECOVER FOR LOSS’ OF FREIGHT. Appeal from Mercer Circuit Court. "W. C. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals.
Read the full summary
CASE 5. -ACTION BY HANSFORD & SON AGAINST THE CINCINNATI, NEW ORLEANS & TEXAS PACIFIC RY. CO., TO RECOVER FOR LOSS’ OF FREIGHT. Appeal from Mercer Circuit Court. "W. C. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. ¡"1. The validity of .the contract: ■ The contract provides: “The amount of any loss or damage for which any carrier becomes liable shall be computed at the value of the property at the place and time of shipment under .this bill of lading.” This is clearly not a limitation of liability, but a fair and equitable agreement for ascertaining…
1Opinion of the Court
*40Opinion op the Court by
Judge Hobson
Reversing.
Hansford & Son purchased in Rochester, N. Y., on February 10, 1906, a bill of goods amounting to $317. The goods were shipped to them, but were lost in Kentucky by the Cincinnati, New Orleans & Texas Pacific Railway Company before delivery to the consignees at Harrodsburg. This action was brought by them against the railway company to recover for the loss of the goods. On the trial the following agreed state of facts was filed: “It is agreed by plaintiffs and the defendant, Cincinnati, New Orleans & Texas Pacific Railway Company, for the purpose of…
2Cases cited9 opinions
- Bell & Coggeshall Co. v. Kentucky Glass Works Co.Court of Appeals of Kentucky · 1899
- Commonwealth v. E. H. Taylor Jr. Co.Court of Appeals of Kentucky · 1897
- Helm v. CoffeyCourt of Appeals of Kentucky · 1882
- Henderson v. DupreeCourt of Appeals of Kentucky · 1885
- Adams Express Co. v. WalkerCourt of Appeals of Kentucky · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Illinois Central Railroad v. CrailSupreme Court of the United States · 1930
- Quanah, A. P. Ry. Co. v. NovitCourt of Appeals of Texas · 1917
- Whitmer v. CardwellCourt of Appeals of Kentucky · 1922
- Maryland Casualty Co. v. Ballard County BankCourt of Appeals of Kentucky · 1909
- Lena Rue Coal Company v. BrewerCourt of Appeals of Kentucky (pre-1976) · 1926
7 more not listed; retrieve them via the Exa API.