Adams Express Co. v. Walker
Court of Appeals of Kentucky
Case 1C — Action by I. L. Walker Against tiif. Adams Express Co. to Recover the Value of a Poo Lost by Carrier.' APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT JUDGE. Judgment for Plaintive and Dependant Appeals. QUESTIONS DISCUSSED AND AUTHORITIES' CITED. 1. The demurrer was defective in form. Mutual Ins. Co. v. Crist, 19 Rep., 305; 39 S. W. R., 837; Reed v. Drais, 67 Cal., 491; 8 Pac. Rep., 20, 21; Kennon v. West. Union Tel. Co., 92 Ala., 399; 9 So.
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Case 1C — Action by I. L. Walker Against tiif. Adams Express Co. to Recover the Value of a Poo Lost by Carrier.' APPEAL FROM KENTON CIRCUIT COURT-JAMES P. TARVIN, CIRCUIT JUDGE. Judgment for Plaintive and Dependant Appeals. QUESTIONS DISCUSSED AND AUTHORITIES' CITED. 1. The demurrer was defective in form. Mutual Ins. Co. v. Crist, 19 Rep., 305; 39 S. W. R., 837; Reed v. Drais, 67 Cal., 491; 8 Pac. Rep., 20, 21; Kennon v. West. Union Tel. Co., 92 Ala., 399; 9 So. Rep., 200, 201; Corpening v. Worthington, 99 Ala., 541; 12 So. Rep., 426. 2. Failure to declare true value a fraud upon the carrier.…
1Opinion of the Court
Opinion op the court by
JUDGE HOBSON
Affirming.
Appellee, Walker, was the owner of an English setter bitch. On November 18, 1902, he delivered her, securely crated, with two other dogs, to the Adams Express Company, at Wooster, Ohio, to be carried to Vanceburg, Ky., and there delivered to J. O. Walker, his agent. Wien the crate reached Vanceburg, the bitch was missing, and he filed this suit to recover of the express company $250, her alleged value. The defendant, by its answer, denied that it was a common carrier of live stock, or that the bitch was lost by its negligence, or was of value…
2Cases cited10 opinions
- Smith v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1885
- Western Union Telegraph Co. v. Eubanks & RussellCourt of Appeals of Kentucky · 1897
- Louisville, Cincinnati & Lexington Railroad v. HedgerCourt of Appeals of Kentucky · 1873
- Davis v. Western Union Telegraph Co.Court of Appeals of Kentucky · 1900
- Cleveland, C., C. & St. L. Ry. Co. v. DruienCourt of Appeals of Kentucky · 1904
5 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Western Union Telegraph Co. v. LeeCourt of Appeals of Kentucky · 1917
- Louisville & Nashville R. R. v. Woodford & IrelandCourt of Appeals of Kentucky · 1913
- Louisville & Nashville Railroad v. BurkhartCourt of Appeals of Kentucky · 1913
- Southern Express Co. v. Fox & LoganCourt of Appeals of Kentucky · 1909
- Cincinnati, N. O. & T. P. Ry. Co. v. Hansford & SonCourt of Appeals of Kentucky · 1907
10 more not listed; retrieve them via the Exa API.