Willis v. Maysville & B. S. R. R.
Court of Appeals of Kentucky
CASE 74 — ACTION BY OTTO WILLIS BY NEXT FRIEND AGAINST THE MAYSVILLE & BIG SANDY R. R. Co., FOR DAMAGES FOR PERSONAL INJURIES.— April 24. Appeal from Greenup Circuit Court. James P. HakbesoN, Circuit Judge. Judgment for defendants.
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CASE 74 — ACTION BY OTTO WILLIS BY NEXT FRIEND AGAINST THE MAYSVILLE & BIG SANDY R. R. Co., FOR DAMAGES FOR PERSONAL INJURIES.— April 24. Appeal from Greenup Circuit Court. James P. HakbesoN, Circuit Judge. Judgment for defendants. Plaintiff appeals. 1. The motions for peremptory instructions in this case were sustained in flagrant disregard of this court’s mandate- and opinion herein. 2. The evidence having shown conclusively that the brakeman in question by reason of Ms intimate acquaintance with the streets and ground along the railroad must- have known of the danger in kicking off a lump…
1Opinion of the Court
OPINION op the Court by
Judge Settle
— Reversing.
This ease is before us on a second appeal. On each of the two trials in the circuit court the jury found for appellees- in obedience to- a peremptory instruction from, the trial judge to that effect. The facts of the case are fully set forth in the o-p-inion of this court *661on the former appeal (Willis v. M. & B. Sandy R. R. Co., 85 S. W., 716; 27 Ky. Law Rep., 459), and need not be repeated, except to say that the action was brought by appellant, an infant, and his next friend,, to recover • of appellees damag'es for injuries sustained by the…
2Cases cited3 opinions
- Sullivan v. L. & N. R. R.Court of Appeals of Kentucky · 1903
- Smith v. Louisville & Nashville RailroadCourt of Appeals of Kentucky · 1893
- Willis v. Maysville & B. S. R. R.Court of Appeals of Kentucky · 1905
3Cited by6 opinions
- Scottsdale Insurance v. FlowersCourt of Appeals for the Sixth Circuit · 2008
- St. Louis, Iron Mountain & Southern Railway Co. v. CarterSupreme Court of Arkansas · 1914
- Chesapeake & Ohio Railway Co. v. FordCourt of Appeals of Kentucky · 1914
- Craig's Administratrix v. Kentucky Utilities Co.Court of Appeals of Kentucky · 1919
- Chesapeake & Ohio Ry. Co. v. Helton's Admr.Court of Appeals of Kentucky · 1911
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