Legal Opinion

Mussellam v. Cincinnati, N. O. & T. P. Ry. Co.

Court of Appeals of Kentucky

Decided September 26, 1907PublishedCited by 7 opinions

CASE 56. — ACTION BY A. S. MUSSELLAM AGAINST THE CINCINNATI, N. O. & T. P. Ry. Co. AND ANOTHER FOR LOST FREIGHT. — Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for defendants. Plaintiff appeals. — GROUNDS FOR REVERSAL.

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CASE 56. — ACTION BY A. S. MUSSELLAM AGAINST THE CINCINNATI, N. O. & T. P. Ry. Co. AND ANOTHER FOR LOST FREIGHT. — Appeal from Boyle Circuit Court. W. C. Bell, Circuit Judge. Judgment for defendants. Plaintiff appeals. — GROUNDS FOR REVERSAL. We respectfully ask a reversal of the lower court upon the following grounds: 1. Because of the error of the trial judge in setting aside the verdict of the jury and the judgment thereon for $900.00, and granting appellees a new trial. 2. Because of the trial judge’s error in the second trial in peremptorily instructing the jury to find a verdict for…

1Opinion of the Court

Opinion op the Court by

Judge Hobson.

Reversing.

In December, 1904, A. Mussellam delivered to tbe Southern Railway Company at Knoxville, Tenn., some boxes of oriental goods, to be shipped to himself at Danville, Ky. The railway company gave him a bill of lading for seven boxes, weighing 1,065 pounds. When the goods were delivered to him at Danville, there were only six boxes. The weight of these six boxes is not shown. The goods were carried by the Southern Railway from Knoxville to Harriman, and then delivered to the Cincinnati, New Orleans & Texas Pacific Railway, which.took them to Lexington,…

2Cited by7 opinions

  1. Louisville Ry. Co. v. ByersCourt of Appeals of Kentucky · 1908
  2. Conley v. Central Kentucky Traction Co.Court of Appeals of Kentucky · 1913
  3. Louisville & Interurban Railroad v. MorganCourt of Appeals of Kentucky · 1917
  4. Muir v. Glossbrenner Motors CompanyCourt of Appeals of Kentucky (pre-1976) · 1925
  5. Breckinridge County v. BeardCourt of Appeals of Kentucky (pre-1976) · 1930

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