Ky. Rev. Stat. § 452.455

Where action against common carrier upon contract to carry property or

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for tort must be brought. Excepting the actions mentioned in KRS 452.465, an action against a common carrier, whether a corporation or not, upon a contract to carry property, must be brought in the county in which the defendant, or either of several defendants, resides; or in which the contract is made; or in which the carrier agrees to deliver the property. An action against such carrier for an injury to a passenger, or to other person or his property, must be brought in the county in which the defendant, or either of several defendants, resides; or in which the plaintiff or his property is injured; or in which he resides, if he resides in a county into which the carrier passes; provided, if the action be brought by a personal representative, the residence of the decedent, and not that of the personal representative shall control. Effective: July 1, 1953 History: Transferred 1952 Ky. Acts ch. 84, sec. 1, effective July 1, 1953, from C.C. sec. 73. -- C.C. sec. 73 amended 1928 Ky. Acts ch. 171, sec. 1.

Notes of Decisions

Cited in 4 cases, 1958–2003 · leading case: Seymour Charter Buslines, Inc. v. Hopper

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Seymour Charter Buslines, Inc. v. Hopper (2003) ky · cites it 2× “See KRS 452.455, which provides that in these situations the action must be brought in the county in which the plaintiff was injured.”

National Cash Register Co. v. K. W. C., Inc. (1977) kyed “There, the Court had to determine the place of “residence” of a foreign corporation for purposes of fixing venue under KRS 452.455 in a suit under the Federal Employers’ Liability Act.”

Tufts v. Chesapeake & Ohio Railway Co. (1966) kyctapp · cites it 3× “Under KRS 452.455 appellant could have sued appellee in Greenup County or Boyd County.”

Commercial Carriers, Inc. v. Matracia (1958) kyctapphigh “KRS 452.455, formerly Civil Code, Section 73, controls the venue of a tort action against a common carrier.”

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