Illinois Cent. R. R. v. Curry
Court of Appeals of Kentucky
CASE 65. — ACTION BY C. C. CURRY AGAINST THE ILLINOIS CENTRAL RAILROAD CO. AND ANOTHER FOR DAMAGES TO STOCK SHIPPED ON SAID RAILROAD. Appeal.from Clark Circuit Court. J. M. Benton, Circuit Judge.
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CASE 65. — ACTION BY C. C. CURRY AGAINST THE ILLINOIS CENTRAL RAILROAD CO. AND ANOTHER FOR DAMAGES TO STOCK SHIPPED ON SAID RAILROAD. Appeal.from Clark Circuit Court. J. M. Benton, Circuit Judge. Judgment for plaintiff and defendant railroad company appeals CLASSIFICATION OF QUESTIONS AND AUTHORITIES. 1. The petition, as amended did not by direct averment, or proper inference from the language used, allege that appellant had covenanted, in Clark county, Kentucky, to carry appellee’s shipment. No cause of action ex contractu--could be stated without such averment. (Louisville, etc., Ry. Co. v.…
1Opinion of the Court
Opinion op the Court by
Judge Carroll
Affirming.
In this action appellee recovered a judgment against the Chesapeake & Ohio Railway Company and the Illinois Central Railroad Company for damages growing out of injury to stock shipped by him from Winchester, Ky. to Arcadia, La. There was a separate verdict against each of the companies; but, the recovery against the Chesapeake & Ohio Railway being less than $200, no appeal was prosecuted by it. The contract for the shipment of the stock was made with the agent of the Chesapeake & Ohio Railway Company in Clarke county, Ky. It is averred in the…
2Cases cited7 opinions
- Chesapeake & Ohio Ry. Co. v. American Exchange BankSupreme Court of Virginia · 1896
- Nashville, Chattanooga & Saint Louis Railway Co. v. Heggie Bros.Supreme Court of Georgia · 1890
- Ireland v. Mobile & Ohio R. R.Court of Appeals of Kentucky · 1899
- Louisville & N. R. R. v. S. D. Chestnut & Bro.Court of Appeals of Kentucky · 1903
- Nashville, Railroad v. CarricoCourt of Appeals of Kentucky · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Gainesboro Telephone Co. v. BucknerCourt of Appeals of Kentucky · 1914
- Richardson v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Baltimore & O. S W Ry. Co. v. J. A. Wood & Co.Court of Appeals of Kentucky · 1908
- Levi v. GonzenbachCourt of Appeals of Kentucky (pre-1976) · 1930
- Baltimore & Ohio Southwestern Railroad v. CliftCourt of Appeals of Kentucky · 1911
8 more not listed; retrieve them via the Exa API.