248.460 Liability of warehouseman for destruction of or damage to tobacco in

257 words·~1 min read·/ky/248-460

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

storage.

(1)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.

(2)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.