Adams Express Co. v. Meglernery

Court of Appeals of Kentucky

Adams Express Co. v. Meglernery

9 Ky. Op. 382, 1877 Ky. LEXIS 225

DecidedMarch 3, 1877

StatusPublished

This text of 9 Ky. Op. 382 (Adams Express Co. v. Meglernery) is published on Counsel Stack Legal Research, covering Court of Appeals of Kentucky primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Adams Express Co. v. Meglernery, 9 Ky. Op. 382, 1877 Ky. LEXIS 225 (Ky. Ct. App. 1877).

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Opinion

Opinion by

Judge Lindsay :

If the express company had offered proof tending to show that the package had been lost or stolen from its agents, without culpable negligence on their part, the court below might have considered and passed on the effect of the clause in the receipt providing that the liability of the company shall not exceed fifty dollars, in cases in which a different and greater sum is not agreed upon. But as the company offered no explanation or excuse for failing to deliver the package in controversy, the court properly treated this as a case of conversion, and properly instructed the jury that the company must pay the full value of the property converted.

A common carrier seeking to escape the common law liability, on account of special contract, must assume the burden, and must aver and prove the necessary facts to establish the contract excuse.

Judgment affirmed.

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Opinion by

Judge Lindsay :

If the express company had offered proof tending to show that the package had been lost or stolen from its agents, without culpable negligence on their part, the court below might have considered and passed on the effect of the clause in the receipt providing that the liability of the company shall not exceed fifty dollars, in cases in which a different and greater sum is not agreed upon. But as the company offered no explanation or excuse for failing to deliver the package in controversy, the court properly treated this as a case of conversion, and properly instructed the jury that the company must pay the full value of the property converted.

A common carrier seeking to escape the common law liability, on account of special contract, must assume the burden, and must aver and prove the necessary facts to establish the contract excuse.

Judgment affirmed.

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Bluebook (online)

9 Ky. Op. 382, 1877 Ky. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adams-express-co-v-meglernery-kyctapp-1877.