Smith v. Louisville & Nashville Railroad
Court of Appeals of Kentucky
Case 3 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. The brakeman was acting within the scope of his employment, and therefore the company is liable for his wrongful act. (4 Am. and Er.g. Railroad Oases, 587; 1 Am. and Eng. Railroad Cases, 461; 87 N. Y., 25; 46N.Y., 626.) 1. It was no part of the duty of the brakeman to eject trespassers from the train, and therefore the company is not liable.
Read the full summary
Case 3 — PETITION ORDINARY APPEAL FROM FRANKLIN CIRCUIT COURT. The brakeman was acting within the scope of his employment, and therefore the company is liable for his wrongful act. (4 Am. and Er.g. Railroad Oases, 587; 1 Am. and Eng. Railroad Cases, 461; 87 N. Y., 25; 46N.Y., 626.) 1. It was no part of the duty of the brakeman to eject trespassers from the train, and therefore the company is not liable. (Sherley v. Billings, 8 Bush, 151; 2 Wood’s Railway Law, sec. 316, p. 1202; 2 Rorer on Railroads, pp. 1100, 1190; Towanda Coal Co. v. Heeman, 86 Pa. St., 4X8; Farber v. M. P. R. Co., 32 Mo.…
1Opinion of the Court
JUDGE HAZELRIGG
dblivbnbd thb opinion op thb count.
The plaintiff, a minor, suing by his next friend, alleged that while he was riding on the defendant’s ear from Collins Station to the city of Frankfort, and while the car was in rapid motion, “the defendant willfully, negligently and carelessly, hy one of its agents and servants, to-wit, a brakeman, kicked and threw ” him off of its train, thereby breaking his arm and causing him other serious injury.
The defendant denied these averments, and for a further defense alleged that the plaintiff secretly got on the. rear end of one of its trains for…
2Cases cited3 opinions
- Sherley v. BillingsCourt of Appeals of Kentucky · 1871
- Winnegar's Administrator v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1887
- Hoffman v. New York Central & Hudson River RailroadNew York Court of Appeals · 1881
3Cited by15 opinions
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Cincinnati, New Orleans & Texas Pacific Ry. Co. v. RueCourt of Appeals of Kentucky · 1911
- Dixon v. Northern Pacific Railway Co.Washington Supreme Court · 1905
- Southern Railway Co. v. JamesSupreme Court of Georgia · 1903
- Golden v. Northern Pacific Railway Co.Montana Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.