Ch. & Ohio Ry. Co. v. Lang's Adm'x
Court of Appeals of Kentucky
CASE 13. — ACTION BY ANTHONY A. LANG’S ADMINISTRA-TRIX AGAINST THE CHESAPEAKE & OHIO RAILWAY CO. Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. The demurrer to the petition of plaintiff should have heen sustained.
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CASE 13. — ACTION BY ANTHONY A. LANG’S ADMINISTRA-TRIX AGAINST THE CHESAPEAKE & OHIO RAILWAY CO. Appeal from Mason Circuit Court. James P. Harbeson, Circuit Judge. Judgment for plaintiff, defendant appeals. POINTS AND AUTHORITIES. 1. The demurrer to the petition of plaintiff should have heen sustained. Reusch v. Licking Rolling Mill Co.,-118 Ky. 369; 80 S. W. 1168; Heindrick v. Louisville Elevator Co., 92 S. W. 608; King v. Creekmore, 77 S. W. 689; Simons v. Gregory, 85 S. W. 751’ Jacobs’ Adm’r v. C. & O. Ry. Co., 72 S. W. 808; Louisville, H. & St. L. Ry. Co. v. Jolly’s Adm’x., 90' S. W. 977;…
1Opinion of the Court
*80Opinion op the court by
Judge Hobson
Reversing.
Anthony A. Lang was a section hand in the service of the Chesapeake & Ohio Railway Company. It v, as a part of his duty to act as track walker between South Ripley and Dover, a distance of about six miles. One of his duties was the lighting of the signal and switch lights between these points, and to save time he was allowed to use a velocipede. On December 19, 1905, he had been to South Ripley and was returning to Dover, where he lived. Just before the road reaches Dover it passes over a trestle. While Lang was going over this trestle, a rapidly…
2Cases cited5 opinions
- Louisville & N. Railroad v. Molloy's Admx.Court of Appeals of Kentucky · 1906
- Becker v. L. & N. R. R.Court of Appeals of Kentucky · 1901
- Nelling v. Chicago, St. Paul & Kansas City Railway Co.Supreme Court of Iowa · 1895
- Wright v. Southern Ry. Co.U.S. Circuit Court for the District of Western North Carolina · 1897
- Allison v. Cocke's ExrsCourt of Appeals of Kentucky · 1901
3Cited by22 opinions
- Kentucky Traction & Terminal Co. v. HumphreyCourt of Appeals of Kentucky · 1916
- Moran v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1932
- Illinois Central Railroad v. EvansCourt of Appeals of Kentucky · 1916
- Louisville & Nashville Railroad v. Mullins' AdministratrixCourt of Appeals of Kentucky · 1918
- Wimsatt's Administratrix v. Louisville & Nashville RailroadCourt of Appeals of Kentucky (pre-1976) · 1930
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