Legal Opinion

Winston's Administrator v. City of Henderson

Court of Appeals of Kentucky

Decided February 8, 1918PublishedCited by 44 opinions

Appeal from Henderson Circuit Court.

1Opinion of the Court

Opinion of the Court by

Judge Sampson —

Affirming.

Can one who is injured through a defect in a street, while riding as a guest in an automobile, recover of the city where the negligence of the driver contributed to the injury if the guest before entering the car knew the driver was unskilled, incompetent or intoxicated to such, an extent as to be unable to exercise, that degree of care required of a person engaged in operating automobiles under like circumstances? That is the principal question presented by the facts of this case.

About midnight of June 18th, 1916, William Winston and a…

2Cases cited10 opinions

  1. Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
  2. Cunningham v. City of Thief River FallsSupreme Court of Minnesota · 1901
  3. Alexander v. HumberCourt of Appeals of Kentucky · 1888
  4. Brannen v. Kokomo, Greentown & Jerome Gravel Road Co.Indiana Supreme Court · 1888
  5. Donnelly v. . Brooklyn City R.R. Co.New York Court of Appeals · 1888

5 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Schwartz v. JohnsonTennessee Supreme Court · 1925
  2. Robison v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1918
  3. Sutherland v. DavisCourt of Appeals of Kentucky (pre-1976) · 1941
  4. Toppass v. Perkins' AdministratrixCourt of Appeals of Kentucky (pre-1976) · 1937
  5. McGeever v. O'ByrneSupreme Court of Alabama · 1919

39 more not listed; retrieve them via the Exa API.

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