Legal Opinion

Chesapeake, Ohio & Southwestern Railroad v. Griest

Court of Appeals of Kentucky

Decided May 19, 1887PublishedCited by 15 opinions

Case 76 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT.' 1. The instrument under which appellant claims is a deed of bargain and sale from the P. & E. R. R. Co., and does not evidence a -consolidation of the two companies, or a merger or amalgamation of the one into and with the other. The writing contains all the words, expressions and clauses which are usual in conveyances or deeds.

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Case 76 — PETITION ORDINARY APPEAL FROM HARDIN CIRCUIT COURT.' 1. The instrument under which appellant claims is a deed of bargain and sale from the P. & E. R. R. Co., and does not evidence a -consolidation of the two companies, or a merger or amalgamation of the one into and with the other. The writing contains all the words, expressions and clauses which are usual in conveyances or deeds. (Bouvier’s Law Diet., title Deed; Patterson v. Corneal, 3 A. K. Mar., 620; Chiles v. Conleys, 2 Dana, 23; Young v. Ringo, 1 Mon., 30.) '2. No reference is made in the contract to the provisions of the…

1Opinion of the CourtChief Justice Pryor

The appellant, William P. Griest, while in the employ of the Paducah and Elizabethtown Railroad Com*623pany, and running one of its excursion trains from Cecilia, in Hardin county, to the city of Paducah, was severely injured by the collision of the engine with horses upon the track, by which the engine ran off the road-bed, capsized, crushing and wounding him in a frightful manner. He instituted this action against the Chesapeake, Ohio and Southwestern Railroad Company and the Paducah and Elizabethtown Railroad Company, alleging in substance that the injury resulted from insufficient air-brakes,…

2Cases cited2 opinions

  1. Eaton & Hamilton R. R. v. HuntIndiana Supreme Court · 1863
  2. Powell v. North Missouri RailroadSupreme Court of Missouri · 1867

3Cited by15 opinions

  1. American Railway Express Company v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1920
  2. Louisville & Nashville Railroad v. OrrCourt of Appeals of Kentucky · 1891
  3. Cox v. Baltimore & Ohio Southwestern RailroadIndiana Supreme Court · 1913
  4. Louisville & N. R. R. v. BiddellCourt of Appeals of Kentucky · 1902
  5. Carter Coal Co. v. ClouseCourt of Appeals of Kentucky · 1915

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