Cincinnati, N. O. & T. P. Ry. Co. v. Sanders
Court of Appeals of Kentucky
Case 14 — Action by Sanders & Russell Against Cin., N. 0. & T. P. Ry. Co. for Damages in Shipping Live Stock. APPEAL FROM MERCER CIRCUIT COURT — M. C. SAUFLEY, CIRCUIT JUDGE.
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Case 14 — Action by Sanders & Russell Against Cin., N. 0. & T. P. Ry. Co. for Damages in Shipping Live Stock. APPEAL FROM MERCER CIRCUIT COURT — M. C. SAUFLEY, CIRCUIT JUDGE. Judgment for Plaintiff:, and Defendant Appeals. 1. The grounds of the demurrer to. the second paragraph of the answer is that it presents a contract for relief fnom its common law liability, and .upon this ground alone it was sustained. 2. That the common law has no application to carriers of live stock has long been an accepted doctrine in this .State, 3. If the right of the carrier of live stock to contract that the…
1Opinion of the Court
Opinion of the court by
CHIEF JUSTICE BURN-AM
Affirming.
The appellees, Sanders & Russell, shipped 265 hogs in four live stock cars over defendant’s road from Burgin, Ky., to the Cincinnati Stockyards. The train of which these cars formed a part left Burgin on the morning of July 2d at 2:45 a. m., and reached the Cincinnati Stockyards, the point of destination, in the afternoon of that day at 4:15 p. m., having been on the road about thirteen and one-half hours. The hogs were in good condition when they left Burgin. When they arrived at their destination fifteen of them were dead, and the…
2Cited by5 opinions
- Stiles, Gaddie & Stiles v. Louisville & N. R. R.Court of Appeals of Kentucky · 1908
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- Merchants Transfer Co. v. KiserCourt of Appeals of Kentucky · 1918