Conway v. Louisville & Nashville R. R.
Court of Appeals of Kentucky
CASE 30. — ACTION BY SOUTH CONWAY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. If there was any evidence tending to show, or from which the jury could have reasonably inferred the alleged negligence, and that the injury was caused thereby, the case should have been submitted to the jury.
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CASE 30. — ACTION BY SOUTH CONWAY AGAINST THE LOUISVILLE & NASHVILLE RAILROAD COMPANY. Appeal from Franklin Circuit Court. R. L. Stout, Circuit Judge. Judgment for defendant, plaintiff appeals. 1. If there was any evidence tending to show, or from which the jury could have reasonably inferred the alleged negligence, and that the injury was caused thereby, the case should have been submitted to the jury. Dodge v. Bank Ky., 9 Ky., 610; Bishop v. McNary, 41 Ky., 132; Martin v. Ry. Co., 29 Ky. L. R., 148. 2. The questions as to the proximate cause of the injury was a question of fact for the…
1Dissent
Dissenting opinion by
Judge Hobson.
Section 786, Ky. St. (Bussell’s St. Sec. 5335), requires railroad companies to provide each locomotive engine passing upon its road with a. bell of ordinary size and a steam whistle, and requires that the bell *243shall be rung, or the whistle sounded outside of incorporated cities and towns at a distance of at least 50 rods from the place where the roads' cross upon the same level any highway, and that the bell shall be rung or whistle sounded continuously or alternately until the engine has reached the highway crossing. Sec. 466 Ky. St. (Russell’s St. Sec. 3),…
2Cases cited11 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- U. S. Natural Gas Co. v. HicksCourt of Appeals of Kentucky · 1909
- City of Owensboro v. York's Admr.Court of Appeals of Kentucky · 1904
- Louisville & Nashville Railroad v. SmithCourt of Appeals of Kentucky · 1899
- Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899
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