Southern Express Co. v. Fox & Logan
Citation | 117 S.W. 270,131 Ky. 257 |
Parties | SOUTHERN EXPRESS CO. v. FOX & LOGAN. |
Decision Date | 19 March 1909 |
Court | Court of Appeals of Kentucky |
1. A stall is reasonably safe when it is such as a person of ordinary prudence would provide. The defendant may show, by persons qualified to know, that the stall in question was put up in the usual and customary method of erecting stalls for the shipment of horses, and that it was reasonably safe for that purpose.
2. The defendant offered to prove by J. W. Bondurant that, after the horses had been at Memphis some days, he met Benyon, who was then in charge of the horses, and Benyon then told him they were all right. It is insisted that this testimony of Bondurant was binding upon the plaintiffs as an admission and was competent for this purpose as substantive evidence. In Greenleaf on Evidence,§ 113, the rule is thus stated
The same rule has often been announced by this court. Thus, in Reed v. Brooks, 13 Ky. 127, the court said In Roberts v. Burks, 16 Ky. 411, 12 Am. Dec. 325, the court said: ...
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Western Union Telegraph Co. v. Lee
...119 Ky. 121, 83 S.W. 106, 26 Ky. Law Rep. 1025, 67 L.R.A. 412; Southern Express Co. v. Fox & Logan, 131 Ky. 257, 115 S.W. 184, 117 S.W. 270, 133 Am.St.Rep. 241; L. & N. R. R. Co. Woodford, 152 Ky. 407, 153 S.W. 722. Is this a case of interstate commerce? And, if so, can it be affected, inci......
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