Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 155
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...the sake of argument, that there was sufficient evidence to carry the case to the jury upon the question of appellant's fault in not getting appellees stock on train No. 62, but insists that there is not a scintilla of proof to show that if the stock had been put on this train, they would or could have reached Cincinnati in time for the market of January 17th. This contention is based upon the abnormal weather conditions, which the record tends to show were so severe as to greatly hamper all railroad operations. That question, however, was presented to the jury by the eighth instruction, which was given upon the motion of the appellant, and reads as follows: "The court instructs the jury, that if they believe from the evidence, that on the 16th and 17th days of January, 1912, that the weather was so unusually cold and severe as to prevent the defendant company, by the use of ordinary care, to move trains in the ordinary course of business, and that by reason of such climatic conditions, the defendant, by the use of ordinary care, was unable to get the'two car loads of cattle in the shipment of January 16, 1912, to Cincinnati in time for the cattle market on the 17th day of January, 1912, then the jury will find for the defendant as to the claim of the plaintiff of $536.80, damages on the shipment of January 16, 1912." By this instruction appellant obtained all it asked, and cannot now complain that the jury found the facts against it, respecting its diligence in handling its cars and train. (b) Did appellees sustain their claim, by competent evidence, for extra feed bills, and losses in the weight of the cattle'? The items of alleged loss upon this shipment, are as follows: (a) Market loss, 50 cents per hundred...
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- 13 Sep 2013
- Illustrations, black and white