United States Mail Line Co. v. Carrollton Furniture Manufacturing Co.
Court of Appeals of Kentucky
Case 95 — Petition Ordinary 1. The petition fails to disclose who was the owner of the glass, or who was the real party hr interest, or that there was any contract or agreement either expressed or implied between appellants and appellees; and the demurrer to the petition should havo been sustained. 2.When a carrier accepts goods for carriage directed to a destination beyond its own lines it becomes exclusively responsible, and any attempt to bold a connecting carrier liable…
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Case 95 — Petition Ordinary 1. The petition fails to disclose who was the owner of the glass, or who was the real party hr interest, or that there was any contract or agreement either expressed or implied between appellants and appellees; and the demurrer to the petition should havo been sustained. 2.When a carrier accepts goods for carriage directed to a destination beyond its own lines it becomes exclusively responsible, and any attempt to bold a connecting carrier liable for a loss must fail for want of privity of contract between such carrier and the contracting party. Hutchison on…
1Opinion of the Court
JUDGE DuRELLE
deltveked the opinion os- the coubt.
Appellee brought suit, alleging that appellant was a com*660mon carrier and as such received at Cincinnati two cases of' looking-glass plates, consigned by Heroy & Marriner to' appellee, to be delivered at Carrollton; that by the gross negligence of appellant a large quantity of the plate glass was broken and rendered worthless, to appellee’s damage.. The consignors were joined as plaintiffs, and general and special demurrers were filed to the petition, the special demurrer being for defect of parties, upon the ground that the consignors were not…
2Cases cited1 opinion
- Bryan v. Memphis & Paducah RailroadCourt of Appeals of Kentucky · 1874
3Cited by4 opinions
- Gainey v. Telegraph Co.Supreme Court of North Carolina · 1904
- Williamsport Hardwood Lumber Co. v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1913
- Pittsburg, C. C. & St. L. Ry. Co. v. ViersCourt of Appeals of Kentucky · 1902
- Fisher v. CommonwealthCourt of Appeals of Kentucky · 1912