N. K. Fairbank & Co. v. Cincinnati, N. O. & T. P. Ry. Co.
U.S. Circuit Court for the District of Southern Ohio
This was an action by N. K. Fair bank &. Oo. against the Cincinnati, New Orleans & Texas Pacific Railway Company to recover damages for the loss of certain oil, shipped over defendant’s road. After a verdict for the plaintiff, the defendant moves to enter judgment for it, notwithstanding the verdict.
1Opinion of the Court
SAGE, District Judge.
The plaintiff, a corporation, sues the defendant, as á common carrier, for the recovery of $5,270.53, with interest, the value of four tanks of oil received by the defendant at Chattanooga, Tenn., under an agreement, in consideration of a reasonable reward to be paid, to carry safely for the plaintiff, and to deliver the same to the Louisville Southern Railroad Company, at its point of intersection with the defendant’s line for transportation, thence to the plaintiff, at Chicago. The plaintiff avers that the defendant did not safely carry and deliver said goods, but…
2Cases cited3 opinions
- Georgia Pacific Railway Co. v. BrooksSupreme Court of Alabama · 1887
- Seavey v. Central Mutual Fire InsuranceMassachusetts Supreme Judicial Court · 1873
- Lowber v. Le RoyThe Superior Court of New York City · 1848
3Cited by2 opinions
- Amoena Corporation v. StricklandSupreme Court of Georgia · 1981
- Pittsburg, C. C. & St. L. Ry. Co. v. ViersCourt of Appeals of Kentucky · 1902