69 Ky. 572 | Ky. Ct. App. | 1869
delivered the opinion op the court.
In this action the circuit court adjudged against the appellant the value of a gold watch which it undertook to carry from Nashville, Tenn., to Elizabethtown, Ky., and deliver to the owner, Miss Larue, or to the care of her father, with whom she lived in the latter town. As the service was to be performed without compensation, the mandatory was not liable for the loss of the watch unless it resulted from gross negligence.
The testimony authorizes the deduction that when the package containing the watch arrived safely at the depot in Elizabethtown, not later than four o’clock of the afternoon of the 12th of June, 1863, there were rumors there of an imminent eruption of Confederate soldiers; that during the same day the appellant’s agent started promptly with
In this perplexing state of facts, hard as it may be to impute to the agent culpable or “gross” negligence, we are so far inclined to that conclusion as to feel at least such an equipoise as not to be able to reverse the judgment of the circuit court on any solid or satisfactory grounds.
'Wherefore the judgment is affirmed.