Basham's Adm'r v. Missouri P. R. Co.
| Citation | 258 S.W. 690,201 Ky. 807 |
| Parties | BASHAM'S ADM'R v. MISSOURI PAC. R. CO. |
| Decision Date | 05 February 1924 |
| Court | Kentucky Court of Appeals |
Appeal from Circuit Court, Meade County.
Action by R. L. Basham against the Missouri Pacific Railroad Company. Plaintiff dying, the action was revived in the name of his administrator. The petition was dismissed, and the plaintiff appeals. Affirmed.
Dudley C. Jones, of Ekron, for appellant.
J. D Hardin, of Brandenburg, and Woodward, Warfield & Dawson, of Louisville, for appellee.
R. L Basham brought this suit in the Meade circuit court against the Missouri Pacific Railroad Company, the initial carrier to recover damages to a carload of live stock that was shipped on through bill of lading issued by the Missouri Pacific Railroad Company from Leoti, Kan., to Ekron, Meade county, Ky. The stock was routed and carried via the Missouri Pacific Railroad Company to St. Louis, from St. Louis to Henderson, Ky. via the Louisville & Nashville Railroad Company, and from Henderson to Ekron via the Louisville Henderson & St. Louis Railway Company. Process was served on Lee Tuell, who was the station agent at Ekron of the delivering carrier, the Louisville, Henderson & St. Louis Railway Company, and thereafter at Louisville on L. B. Matthews, traveling passenger agent of the Missouri Pacific Railroad Company. On motion of the Missouri Pacific Railroad Company, which appeared solely for that purpose, the return on each process was quashed. In the meantime Basham died, and the action was revived in the name of his administrator, and plaintiff having notified the court that he would take no further steps to get service on the railroad company, his petition was dismissed. Plaintiff appeals.
The shipment was interstate. The Missouri Pacific Railroad Company has no line of railway in this state. The suit was brought under the Carmack Amendment (section 8604a, U.S Comp. St.), which makes the initial carrier of shipments on through bills of lading liable for the entire damage or loss, whether occurring on its own line or on the line of a connecting carrier. The object of the statute was to provide for the benefit of the shipper unity of transportation and responsibility by requiring the initial carrier receiving freight for transportation in interstate commerce to obligate itself to carry to the point of destination through connecting carriers. Its effect was to make the delivering carrier the agent of the initial carrier for the purpose of delivery. It contains no language showing any purpose on the part of Congress to make the agent of the connecting carrier the agent of the initial carrier for service of process, and has been construed by the United...
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Dye Produce Co. v. Davis
...Louis S. W. Ry. Co. v. Alexander, 227 U. S. 218, 33 S. Ct. 245, 57 L. Ed. 486, Ann. Cas. 1915B, 77, and in Basham's Adm'r v. Missouri Pacific Ry. Co., 201 Ky. 807, 258 S. W. 690. See, also, Jones v. Illinois Central R. Co., 188 Iowa, 850, 175 N. W. 316. [4] In this view of the case, there w......
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Dye Produce Co. v. Davis
... ... "The ... effect of § 10 and General Order 50-A was discussed in ... Missouri P. R. Co. v. Ault, 256 U.S. 554, 560, 65 ... L.Ed. 1087, 41 S.Ct. 593; and it was there pointed ... R. Co. v. Alexander, 227 U.S. 218 (57 ... L.Ed. 486, 33 S.Ct. 245), and in Basham's Admr. v ... Missouri Pac. R. Co., 201 Ky. 807 (258 S.W. 690). See, ... also, Jones v. Illinois Cent ... ...
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