Pittsburg, C., C. & St. L. Ry. Co. v. American Tobacco Co.
Court of Appeals of Kentucky
CASE 70. — ACTION BY AMERICAN TOBACCO CO. AGAINST PITTSBURG, CINCINNATI, CHICAGO & ST. LOUIS RY. CO. FOR THE LOSS OF TOBACCO BY BURNING OF CAR. — Appeal from Jefferson Circuit Court. (C. P. Branch 1 Div.) Emmet Field, Judge. ■Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. A bill of lading issued by a common carrier is only prima facie evidence of the receipt of the goods described in it.
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CASE 70. — ACTION BY AMERICAN TOBACCO CO. AGAINST PITTSBURG, CINCINNATI, CHICAGO & ST. LOUIS RY. CO. FOR THE LOSS OF TOBACCO BY BURNING OF CAR. — Appeal from Jefferson Circuit Court. (C. P. Branch 1 Div.) Emmet Field, Judge. ■Judgment for plaintiff, defendant appeals — POINTS AND AUTHORITIES. 1. A bill of lading issued by a common carrier is only prima facie evidence of the receipt of the goods described in it. It is open to explanation, and imposes no liability on the carrier unless the goods are actually delivered. Elliott on Railroads, section 1419; A. & E. Eneyc. of Law, 2d Ed., vol. 5,…
1Opinion of the Court
Opinion of the Court by
Chief Justice O’Rear
Affirming.
Appellee had certain hogsheads of tobacco stored at the warerooms of the Union Warehouse Company-in Louisville. A private railroad switch, not owned nor controlled by appellant, extended alongside the warehouse. Appellee notified appellant of its desire-to ship the tobacco over appellant’s line of road from Louisville to Chicago, and requested that a car for the purpose be placed on the siding at the warehouse to receive it. Appellant placed the car as requested. The warehouse company was notified by appellee to load the tobacco. After the…
2Cases cited5 opinions
- Louisville, New Albany & Chicago Railway Co. v. FlanaganIndiana Supreme Court · 1887
- Railway Co. v. MurphySupreme Court of Arkansas · 1895
- Basnight v. Atlantic & North Carolina RailroadSupreme Court of North Carolina · 1892
- Illinois Central Railroad v. J. L. Smyser & Co.Illinois Supreme Court · 1865
- Tate & Co. v. Yazoo & Mississippi Valley RailroadMississippi Supreme Court · 1901
3Cited by9 opinions
- Shore v. New York, New Haven & Hartford RailroadSupreme Court of Connecticut · 1923
- Dunnington & Co. v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1913
- Nelson v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1914
- W.H. C.B. Hodges v. Louisiana Ry. Nav. Co.Supreme Court of Louisiana · 1934
- Louisville & Nashville Railroad v. Edwards' AdministratrixCourt of Appeals of Kentucky · 1919
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