Louisville & N. R. R. v. Mink
Court of Appeals of Kentucky
CASE 40 — ACTION BY H. M. MINK AGAINST THE LOUISVILLE & N. RY. CO. FOR DAMAGES IN DELAYING SHIPMENT OF FREIGHT. — Appeal from Eockcastle Circuit Court. L. F. Johnson, Special Judge. Judgment for plaintiff, defendant appeals. — QUESTIONS AND AUTHORITIES. • 1. Special damages not allowed against a carrier for delay in delivering goods when not informed at the time of making the contract for the shipment of the nature of the damages that may result from the delay: Amer. Exp.
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CASE 40 — ACTION BY H. M. MINK AGAINST THE LOUISVILLE & N. RY. CO. FOR DAMAGES IN DELAYING SHIPMENT OF FREIGHT. — Appeal from Eockcastle Circuit Court. L. F. Johnson, Special Judge. Judgment for plaintiff, defendant appeals. — QUESTIONS AND AUTHORITIES. • 1. Special damages not allowed against a carrier for delay in delivering goods when not informed at the time of making the contract for the shipment of the nature of the damages that may result from the delay: Amer. Exp. Co. v. Jennings, 38 S. R., 374; Patterson v. I. C. R. Co., 97 S. W. R., 426; I. C. R. Co. v. Nelson et al., 97 S. W. R.,…
1Opinion of the Court
Opinion op the Court by
Chief Justice O’Rear
Reversing.
This was an action for damages against a common carrier by the owner of a sawmill, who shipped parts of the machinery and engine from Rockcastle county to a point in Ohio for repair and return. The carrier negligently delayed the return shipment, so that the articles were lost for about two months. The plaintiff alleged that by reason of the delay a certain quantity of logs which he had. on hand deteriorated in quality, to his damage in the sum of $1,000; also, *339that he had lost two valuable customers, whose orders he could not fill because…
2Cases cited4 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Booth v. . Spuyten Duyvil Rolling Mill Co.New York Court of Appeals · 1875
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Illinois Central R. R. v. NelsonCourt of Appeals of Kentucky · 1906
3Cited by9 opinions
- Chapman v. . FargoNew York Court of Appeals · 1918
- Postal Telg. Cable Co. v. Louisville Cotton Oil Co.Court of Appeals of Kentucky · 1909
- Ill. Cent. R. R. v. Hopkinsville Can. Co.Court of Appeals of Kentucky · 1909
- Moss Jellico Coal Co. v. American Railway Express Co.Court of Appeals of Kentucky · 1923
- Beutel v. American Machine Co.Court of Appeals of Kentucky · 1911
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