Smith v. Chesapeake & Ohio Ry. Co.
Court of Appeals of Kentucky
Case 109 — Action by Helen L. Smith against the Chesapeake & Ohio Ry. Co. eor Killing Horse. APPEAL PROM BOYD CIRCUIT COURT — S. G. KINNER, CIRCUIT JUDGE. Judgment eor Defendant a.nd Plaintiff Appfals.
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Case 109 — Action by Helen L. Smith against the Chesapeake & Ohio Ry. Co. eor Killing Horse. APPEAL PROM BOYD CIRCUIT COURT — S. G. KINNER, CIRCUIT JUDGE. Judgment eor Defendant a.nd Plaintiff Appfals. We contend that although the plaintiff’s horse had run upon defendant’s railroad without plaintiff’s fault, and got one of its'Iegs fastened in a viaduct on said track and broke its leg, and' was killed by defendant’s servants, in order to get it off the track, that plaintiff was entitled to recover the value of the horse with its broken leg. Where there is a scintilla of evidence to find for…
1Opinion of the Court
Opinion of the court by
JUDGE BARKER
'Dismissing.
The appellant, Helen L. Smith, who lives in Catlettsburg, Ky., was the owner of a horse, which in fright ran on the railroad bridge of appellee, and there fell, its legs going through the open timbers of the trestle. An employe of appellant found it in this helpless condition, and, obtaining the assistance of several men, tried to extricate it from its peril. They were engaged at this work about two hours without success. Afterwards, one of appellee’s section bosses with his crew, arrived, and assisted in the attempt to rescue the animal, working…
2Cases cited3 opinions
- Hilton v. DickinsonSupreme Court of the United States · 1883
- Lee v. WatsonSupreme Court of the United States · 1864
- Bowman v. Chicago & Northwestern Railway Co.Supreme Court of the United States · 1885
3Cited by7 opinions
- Clark v. Life Casualty Ins. Co.Court of Appeals of Kentucky (pre-1976) · 1932
- Gough v. Illinois Central RailroadCourt of Appeals of Kentucky · 1915
- Carnahan v. Chesapeake & Ohio Railway Co.Court of Appeals of Kentucky · 1911
- City of Louisville v. CainCourt of Appeals of Kentucky · 1909
- W. S. Wilson & Co. v. Dickenson County BankCourt of Appeals of Kentucky · 1914
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