Legal Opinion

Lebanon, Louisville & Lex. Tel. Co. v. Lanham Lumber Co.

Court of Appeals of Kentucky

Decided January 29, 1909PublishedCited by 22 opinions

CASE 73. — ACTION BY LANHAM LUMBER COMPANY AGAINST THE LEBANON, LOUISVILLE & LEXINGTON TELEPHONE CO. AND ANOTHER Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment fc-r plaintiff. Defendants appeal. POINTS AND AUTHORITIES. The demurrer to the petition -should have been sustained; 1. The alleged failure of appellants to effect telephone connection between the nightwatchman of appellee and- the fire department was not the proximate cause of the loss.

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CASE 73. — ACTION BY LANHAM LUMBER COMPANY AGAINST THE LEBANON, LOUISVILLE & LEXINGTON TELEPHONE CO. AND ANOTHER Appeal from Marion Circuit Court. I. H. Thurman, Circuit Judge. Judgment fc-r plaintiff. Defendants appeal. POINTS AND AUTHORITIES. The demurrer to the petition -should have been sustained; 1. The alleged failure of appellants to effect telephone connection between the nightwatchman of appellee and- the fire department was not the proximate cause of the loss. (1 Cooley on Torts, pp. 127 128, -and notes; Bacon v. Pullman Co-., 159 Fed. 4; Wharton — Law of Negligence, secs. 73-77;…

1Opinion of the Court

Opinion of the Court by

Judge Lassing

Reversing.

The Lanham' Lumber Company, a corporation, is engaged in the manufacturing of hardwood flooring, etc., at Lebanon, Ky. On the night of July 4, 1907, at some time after midnight, a fire started in the boiler room at its plant and spread from there to the main building, a few feet away, and in a comparatively short time they were all destroyed, except one warehouse. The origin of the fire is unknown. The Lebanon, Louisville & Lexington Telephone Company is a Kentucky corporation with its principal place of business at Lebanon, where it is engaged in…

2Cases cited7 opinions

  1. Louisville Gas Co. v. Kaufman, Straus & Co.Court of Appeals of Kentucky · 1898
  2. Metallic Compression Casting Co. v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
  3. Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
  4. Little Rock Traction & Electric Co. v. McCaskillSupreme Court of Arkansas · 1905
  5. Kiernan v. Metropolitan Construction Co.Massachusetts Supreme Judicial Court · 1898

2 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Blinzler v. Marriott International, Inc.Court of Appeals for the First Circuit · 1996
  2. Pope v. Pinkerton-Hays Lumber Co.District Court of Appeal of Florida · 1960
  3. Robinson v. Southern New England Telephone Co.Supreme Court of Connecticut · 1953
  4. Southern Bell Telephone & Telegraph Co. v. GlawsonSupreme Court of Georgia · 1913
  5. Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. TauerIndiana Supreme Court · 1911

17 more not listed; retrieve them via the Exa API.

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