W.F. WARE CO., INC. v. CSX TRANSP., INC.

No. 89-CA-1261-MR.

793 S.W.2d 856 (1990)

W.F. WARE COMPANY, INC., Appellant, v. CSX TRANSPORTATION, INC. formerly Seaboard System Railroad, Inc., Appellee.

Court of Appeals of Kentucky.

August 10, 1990.


Attorney(s) appearing for the Case

Randall V. Oakes, Jr., Elkton, for appellant.

J. David Bryant, Harlin, Parker & Rudloff, Bowling Green, for appellee.

Before HOWERTON, C.J., and DYCHE and WEST, JJ.


WEST, Judge.

This is an appeal from a judgment based upon a jury verdict in favor of CSX Transportation, Inc., the interstate common carrier, in an action in which the shipper, W.F. Ware Company, Inc., alleged negligent damage to its cargo. The primary contention on appeal is that the court below erred in its instructions to the jury. Having reviewed the record and the applicable authorities, we find no grounds for reversal and the judgment is affirmed.

The...

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