Southern Ry. Co. v. Smith
Court of Appeals of Kentucky
CASE 74. — ACTION BY VIOLA M. SMITH AGAINST THE SOUTHERN RY. CO. IN KENTUCKY FOR VALUE OF LOST FREIGHT. Appeal from Woodford Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiff. Defendant appeals. SUMMARY AND AUTHORITIES. 1. The trial court erred in striking out certain portions of appellant’s answer. 2. The liability of a railroad company as common carrier of goods delivered to it attaches only when the duty of immediate transportation arises.
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CASE 74. — ACTION BY VIOLA M. SMITH AGAINST THE SOUTHERN RY. CO. IN KENTUCKY FOR VALUE OF LOST FREIGHT. Appeal from Woodford Circuit Court. R. L. Stout, Circuit Judge. Judgment for plaintiff. Defendant appeals. SUMMARY AND AUTHORITIES. 1. The trial court erred in striking out certain portions of appellant’s answer. 2. The liability of a railroad company as common carrier of goods delivered to it attaches only when the duty of immediate transportation arises. (London & L. Fire Ins. Co. v. Rome W. & O. R. Co., 39 N. E. Rep., (N. Y.), 79; St. Louis I. N. & S. Railway Co. v. Murphy, 30 S. W.…
1Opinion of the Court
Opinion of the Court by
Judge Hobson
Affirming.
On the afternoon of August 22, 1905, Viola M. Smith delivered to the Southern Eailway Company in Kentucky at its depot in Versailles a piano, two chairs, and three boxes of goods,, for shipment to Ocean Park, Cal. No freight train to take the goods passed that afternoon, and that night the depot, with the goods in it, was burned. She brought this suit to recover against the company $2,000, the alleged value of the goods. The case was tried before a jury, who found a verdict for her in the sum of $1,500. The court entered judgment upon the verdict,…
2Cited by7 opinions
- Hubbard v. Olsen-Roe Transfer Co.Oregon Supreme Court · 1924
- Dohrmann Hotel Supply Co. v. Owl Transfer & Storage Co.Washington Supreme Court · 1943
- Nelson v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1914
- Cumberland Pipe Line Co. v. Commonwealth Ex Rel. Sheriff of Estill CountyCourt of Appeals of Kentucky (pre-1976) · 1934
- Louisville & Nashville Railroad v. Edwards' AdministratrixCourt of Appeals of Kentucky · 1919
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