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248.460 Liability of warehouseman for destruction of or damage to tobacco in
storage.
(1)
(2)
As used in this section:
(a) "Tobacco storage warehouseman" shall mean a person who is engaged
in the business of long term storage of tobacco in a storage warehouse or
related facility;
(b) "Owner" shall mean a person who has contracted or agreed with a
tobacco storage warehouseman for the long term storage of tobacco;
(c) "Long term storage" and "tobacco in storage" shall mean the storage of
redried tobacco, expressly excluding tobacco owned by a grower being
held or stored in an auction warehouse by a warehouseman for the
purpose of sale;
(d) "Grower" means a person who is a producer of tobacco, either by himself
or by tenant, sharecropper or hired person;
(e) "Auction warehouse" means any tobacco warehouse operating as a place
of sale for tobacco;
(f) "Warehouseman" means a person who is the owner, operator, manager,
lessee or proprietor of a warehouse engaged in selling tobacco or his
agents or employees;
(g) "Person" means any legal entity.
A tobacco storage warehouseman shall be liable to the owner for damages to
or destruction of tobacco in storage due to the negligence of the tobacco
storage warehouseman, his agents or employees. Evidence that the owner
delivered tobacco to the tobacco storage warehouseman and that the tobacco
was damaged or destroyed while stored with or in the care and custody of the
tobacco storage warehouseman shall not be sufficient to create a presumption
of negligence on the part of the tobacco storage warehouseman, or a prima
facie case in favor of the owner.
Effective:June 17, 1978
History: Created 1978 Ky. Acts ch. 270, sec. 8, effective June 17, 1978.
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