Louisville, Cincinnati & Lexington Railroad v. Sullivan
Court of Appeals of Kentucky
Case 102 — ORDINARY APPEAL EROM OLDHAM CIRCUIT COURT. The court erred in refusing to allow appellee to prove by appellant his dissipated habits, and also erred in refusing to permit appellant to prove by the conductor that if he had known appellee was drunk, he would not have put him off the train. The question to appellee states the fact, and therefore the bill of exceptions shows the fact we expected to prove.
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Case 102 — ORDINARY APPEAL EROM OLDHAM CIRCUIT COURT. The court erred in refusing to allow appellee to prove by appellant his dissipated habits, and also erred in refusing to permit appellant to prove by the conductor that if he had known appellee was drunk, he would not have put him off the train. The question to appellee states the fact, and therefore the bill of exceptions shows the fact we expected to prove. The court erred in permitting proof as to the intoxication of appellant when he was put off the car. Further erred in refusing to modify the instruction given for appellant upon the…
1Opinion of the Court
JUDGE LEWIS
DELIVERED THE OPINION OS' THE COURT.
This is an action by appellee to recover damages for personal injuries sustained on account of being unlawfully, wrongfully, and by the gross negligence of the conductor of appellant’s train of cars, ejected therefrom and exposed to freezing weather while in a helpless condition.
From the evidence it appears that appellant, on the day he was ejected from the train, which was the 25th of December, walked from Cropper’s station, on the line of appellant’s road, where he was staying temporarily, to Christiansburg, another station, where he obtained…
2Cases cited2 opinions
- Kline v. Cent. Pac. R.R.California Supreme Court · 1869
- Weymire v. WolfeSupreme Court of Iowa · 1879
3Cited by22 opinions
- Rollestone v. Cassirer & Co.Court of Appeals of Georgia · 1907
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
- Fagg's Admr. v. Louisville & N. R. R. Co.Court of Appeals of Kentucky · 1901
- Haug v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Louisville & Nashville Railroad v. Ellis' Admr.Court of Appeals of Kentucky · 1895
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