Louisville & Nashville R. R. v. Daniel
Court of Appeals of Kentucky
CASE 71. — PERSONAL INJJJRY ACTION BY LEWIS DANIEL AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. On this third appeal of this case, the testimony for the plaintiff is substantially weaker, arid that fot defendant is substantially stronger than on the former trials. (L. & N. R. R. Co. v. Daniel, 122 Ky. 256; Same v. Same, 31 Ky.
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CASE 71. — PERSONAL INJJJRY ACTION BY LEWIS DANIEL AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. On this third appeal of this case, the testimony for the plaintiff is substantially weaker, arid that fot defendant is substantially stronger than on the former trials. (L. & N. R. R. Co. v. Daniel, 122 Ky. 256; Same v. Same, 31 Ky. Law Rep. 944.) And, inasmuch as, on the trial from which this appeal is prosecuted it conclusively appeared from the…
1Opinion of the Court
Opinion op'the Court by
Judge Oarroll
Affirming.
There have been four trials of this case. On the .first, trial the damages in favor of appellee were assessed at $10,000. This court, in an opinion that may be found in 122 Ky. 256, 91 S. W. 691, 3 L. R. A. (N. S.) 1190, reversed the judgment awarding this sum for errors of law occurring during the trial, and also “because the verdict was palpably against the weight of the evidence,” but held that .there was sufficient evidence to take the case to the jury. On the second trial the jury returned a verdict for $6,000. On an appeal from the judgment…
2Cases cited3 opinions
- Louisville & Nashville R. R. v. DanielCourt of Appeals of Kentucky · 1906
- Louisville & Nashville Railroad v. Graves' AssigneeCourt of Appeals of Kentucky · 1879
- City of Bardstown v. Nelson CountyCourt of Appeals of Kentucky · 1906
3Cited by13 opinions
- Drury v. FrankeCourt of Appeals of Kentucky (pre-1976) · 1933
- Broadway Coal Mining Co. v. RobinsonCourt of Appeals of Kentucky · 1912
- Louisville N. R. Co. v. Curtis' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1929
- Cincinnati, New Orleans & Texas Pacific Railway Co. v. MartinCourt of Appeals of Kentucky · 1913
- Wall's Exor. v. DimmittCourt of Appeals of Kentucky · 1911
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