Louisville & Nashville R. R. v. Eakin's Adm'r
Court of Appeals of Kentucky
Case 66 — PETITION OEDINAEY APPEAL PROM HENDERSON CIRCUIT COURT. (Brief not in Eecord.) 1. Whether alighting from a moving train constitutes negligence on not is a fact to be determined by the jury. Passamaneck’s Admr. v. L. & N. R. R. Co., 17 Ky. Law Rep., 767; 74 Iowa, 732; L. & N. R. R. Co. v. Bird’s Admr., 17 Ky.
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Case 66 — PETITION OEDINAEY APPEAL PROM HENDERSON CIRCUIT COURT. (Brief not in Eecord.) 1. Whether alighting from a moving train constitutes negligence on not is a fact to be determined by the jury. Passamaneck’s Admr. v. L. & N. R. R. Co., 17 Ky. Law Rep., 767; 74 Iowa, 732; L. & N. R. R. Co. v. Bird’s Admr., 17 Ky. Law Rep., 1110; Redfield on ■Railways, 2 vol., page 231; 91 Ky., 49. 2. (Measure of damages is the power of the deceased to earn money, and the evidence as to the amount he did earn was competent-, ■and the jury were properly authorized to consider tlhe age and probable duration…
1Opinion of the Court
JUDGE BURNAM
delivered tjie opinion of the court.
Appellee alleged in his petition that in January, 1895, his intestate was a passenger on appellant’s train from the city of Henderson to Robards’ Station, a regular station and stopping place for receiving and discharging passengers; that when the train reached the station it did not stop long enough to enable his intestate to get off, and that while endeavoring to alight from the train those in charge of, with gross and willful negligence, put the train in motion and threw decedent under the wheels thereof, and that the train ran over him…
2Cases cited8 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Whitsett v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1885
- Louisville & Nashville Railroad v. CrunkIndiana Supreme Court · 1889
- Standard Oil Co. v. TierneyCourt of Appeals of Kentucky · 1891
- Louisville & Nashville R. R. v. Kelly's AdministratrixCourt of Appeals of Kentucky · 1897
3 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Giuliani v. GuilerKentucky Supreme Court · 1997
- Department of Education v. BlevinsKentucky Supreme Court · 1986
- Louisville & Nashville Railroad v. Clark's AdministratorCourt of Appeals of Kentucky · 1899
- Adams v. MillerKentucky Supreme Court · 1995
- Cecil v. Oertel CompanyCourt of Appeals of Kentucky (pre-1976) · 1931
18 more not listed; retrieve them via the Exa API.