Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'x
Court of Appeals of Kentucky
Case 90 — ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. The fact as to negligence is for the jury to decide. A scintilla of evidence is not sufficient to give a case to the jury. (47 Md., 76; 91 E. O. L. R. R., 146 ; lb., 72; 5 Am. Rep., 251.) 2. Only ordinary care and diligence is required of a railroad company toward others than those in its charge.
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Case 90 — ORDINARY APPEAL PROM KENTON CIRCUIT COURT. 1. The fact as to negligence is for the jury to decide. A scintilla of evidence is not sufficient to give a case to the jury. (47 Md., 76; 91 E. O. L. R. R., 146 ; lb., 72; 5 Am. Rep., 251.) 2. Only ordinary care and diligence is required of a railroad company toward others than those in its charge. (47 Md., 76; 1 Exchequer, 13; Law R. O. P., 631; P. & M. R. R. Co. v. Iioel, 12 Bush, 41.) 3. It is the duty of every one about to cross a railroad track to approach it cautiously, and ascertain if there is danger. (87 Ills., 529; 22 Minn., 165;…
1Opinion of the Court
JUDGE PBYOB
delivered the opinion of the court.
The appellee’s intestate, Michael Goetz, in attempting to-cross the track of the Louisville, Cincinnati and Lexingtoni Short-Line Railroad, at the intersection of' that road with the Covington and Independence Turnpike, was run over and instantly killed by a train of cars owned and operated by the appellant.
The widow of the deceased, as his administratrix, instituted the present action under the statute, alleging that her husband lost his life by reason of the negligence, &c., of the employés of the appellant in running its trains, and recovered a…
2Cases cited2 opinions
- Paducah & Memphis R. R. v. HoehlCourt of Appeals of Kentucky · 1876
- Claxton's Administrator v. Lexington & Big Sandy R. R.Court of Appeals of Kentucky · 1878
3Cited by30 opinions
- Cahill v. CincinnatiCourt of Appeals of Kentucky · 1891
- Central Passenger Railway Co. v. KuhnCourt of Appeals of Kentucky · 1888
- Louisville & N. Railroad v. Molloy's Admx.Court of Appeals of Kentucky · 1906
- Louisville & Nashville R. R. v. LoweCourt of Appeals of Kentucky · 1904
- Hinkle v. Richmond & Danville RailroadSupreme Court of North Carolina · 1891
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