Legal Opinion

Flynn v. Louisville Ry. Co.

Court of Appeals of Kentucky

Decided April 26, 1901PublishedCited by 12 opinions

■Case 74 — Action to Recover Damages for Personal Injuries— APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. .Judgment for Defendant and Plaintiff Appeals. B. J. Flynn, the appellant, .alleges that he was injured by the ■gross negligence of the defendant, and sues for damages. At the conclusion of his evidence, on motion of the appellee,, ■the Court gave the jury peremptory instructions to find for the defendant, and he .appeals.

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■Case 74 — Action to Recover Damages for Personal Injuries— APPEAL FROM JEFFERSON CIRCUIT COURT, LAW AND EQUITY DIVISION. .Judgment for Defendant and Plaintiff Appeals. B. J. Flynn, the appellant, .alleges that he was injured by the ■gross negligence of the defendant, and sues for damages. At the conclusion of his evidence, on motion of the appellee,, ■the Court gave the jury peremptory instructions to find for the defendant, and he .appeals. At the time of his injury he was an employe of the Salvage Corps of the City of Louisville, a corporation created by special Act of the Legislature,…

1Opinion of the Court

Opinion op the court by

JUDGE GUFFY

Reversing.. The plaintiff, Flynn, now appellant, instituted this action in the Jeffersom Circuit Court, law and equity division, against the defendant, now appellee, to recover judgment for personal injury caused by the defendant’s gross negligence. It is substantially alleged in the petition that in January, 1898, plaintiff was a member of the Salvage Corps-of the city of Louisville, and that, while in the discharge of his duty as a member of said corps, he responded to an alarm of fire, and, while riding in a wagon across the intersection of Third and…

2Cases cited2 opinions

  1. Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
  2. Louisville & Nashville Railroad v. CollinsCourt of Appeals of Kentucky · 1865

3Cited by12 opinions

  1. Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
  2. Indianapolis Traction & Terminal Co. v. KiddIndiana Supreme Court · 1906
  3. Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
  4. Indianapolis Traction & Terminal Co. v. HensleyIndiana Supreme Court · 1917
  5. Hanlon v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1903

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