Louisville & N. R. R. Co. v. Cummins' Admr.
Court of Appeals of Kentucky
Case 37 — Action to Recover Damages for the Death of Plaintiff's-Intestate APPEAL FROM TODD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals.
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Case 37 — Action to Recover Damages for the Death of Plaintiff's-Intestate APPEAL FROM TODD CIRCUIT COURT. Judgment for Plaintiff and Defendant Appeals. POINTS AND AUTHORITIES. 1. The evidence is not sufficient to support the verdict. 2. The court erred in instructing the jury, especially in interlining instruction No. 3. 3. The court erred in requiring of defendant in instruction No. 1 ‘"the highest degree of care to avoid injury to persons at the ■crossing consistent with a prudent management of defendant’s road and trains.” 4. The verdict is excessive. C. & O. R. R. Co. v. Perkins, 20 Ky.…
1Opinion of the Court
Opinion of the court by
JUDGE HOBSON
Reversing.
This action was instituted by appellee, as the administrator of his son, E. R. Cummins, to recover for the death of his intestate on the ground that he had lost his' life by-reason of the negligence of appellant. The proof shows that the intestate was struck by a train and killed at Guthrie, on Christmas night, about ten o’clock, in the year 1897. The train which struck him was a passenger train *336coming from the south on the main track of the railroad. It stopped at the coal chute for coa.l about sis hundred yards from the station. Between the coal…
2Cases cited5 opinions
- Louisville, Cincinnati & Lexington Railroad v. Goetz's adm'xCourt of Appeals of Kentucky · 1881
- Gibblehouse v. StongSupreme Court of Pennsylvania · 1832
- Newport News & Mississippi Valley Co. v. Stuart's AdministratorCourt of Appeals of Kentucky · 1896
- Chesapeake & O. Ry. Co v. GunterCourt of Appeals of Kentucky · 1900
- Mosser v. Knights Templars & Masons' Life Indemnity Co.Michigan Supreme Court · 1898
3Cited by24 opinions
- Louisville & Nashville R. R. v. McNary's AdmrCourt of Appeals of Kentucky · 1908
- Hummer's Extx. v. Louisville & Nashville R. R.Court of Appeals of Kentucky · 1908
- Illinois Cent. R. Co. v. Applegate's Adm'xCourt of Appeals of Kentucky (pre-1976) · 1936
- Southern Railway Co. v. SandersCourt of Appeals of Kentucky · 1911
- Illinois Central Railroad v. Outland's AdministratrixCourt of Appeals of Kentucky · 1914
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