Newport News & Mississippi Valley Co. v. Stuart's Administrator
Court of Appeals of Kentucky
Case 76 — PETITIONS ORDINARY APPEAL PROM GRAVES COMMON PLEAS COURT. 1. A railroad company has the right of way of its roadbed, and may run its regular trains on time, or irregular or extra trains, as its business may require; and is only required to use ordinary care in providing and using reasonably safe means of warning to persons traveling along the highway over its track, of the approach of trains to a crossing.
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Case 76 — PETITIONS ORDINARY APPEAL PROM GRAVES COMMON PLEAS COURT. 1. A railroad company has the right of way of its roadbed, and may run its regular trains on time, or irregular or extra trains, as its business may require; and is only required to use ordinary care in providing and using reasonably safe means of warning to persons traveling along the highway over its track, of the approach of trains to a crossing. The track itself is a warning to the traveling public at all times. (L. C. & L. R. Co. v. Goetz, adm’r, 79 Ky., 448; L. & N. R. Co. v. Teppenhammer, 10 Ky. L. R., 401.) 2. The…
1Opinion of the Court
JUDGE GUPPY
delivered the opinion oe the court.
The appellees, in separate suits in the Graves Court of Common Pleas, recovered judgments against the appellant, *499and appellant’s motions, for new trials having been overruled it prosecuted appeals to the Superior Court of Kentucky, which court affirmed the judgments, and the appellant obtained appeals to this court, which appeals, upon request of parties, are heard together.
It appears that W. H. Stuart, Charles Stuart, Zephyr Wyatt and Robert Stuart attempted to cross +he railroad track in a wagon, and a collision occurred between the wagon, and a…
2Cases cited2 opinions
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Medlock v. SuterCourt of Appeals of Kentucky · 1882
3Cited by16 opinions
- St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925
- Glanville v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1920
- Evans v. Erie R.Court of Appeals for the Sixth Circuit · 1914
- Louisville & N. R. R. Co. v. Cummins' Admr.Court of Appeals of Kentucky · 1901
- Pacific Mutual Life Insurance Co. v. CashCourt of Appeals of Kentucky (pre-1976) · 1928
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