Louisville & Nashville R. R. v. Melton
Court of Appeals of Kentucky
CASE 29. — ACTION BY SPENCER MELTON AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. The Indiana statute can not be constitutionally applied to the facts' of this case; nor is appellee entitled to recover under the common law of Indiana.
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CASE 29. — ACTION BY SPENCER MELTON AGAINST THE LOUISVILLE & NASHVILLE R. R. CO. FOR DAMAGES FOR PERSONAL INJURIES. Appeal from Hopkins Circuit Court. J. F. Gordon, Circuit Judge. Judgment for plaintiff, defendant appeals POINTS DISCUSSED AND AUTHORITIES CITED. 1. The Indiana statute can not be constitutionally applied to the facts' of this case; nor is appellee entitled to recover under the common law of Indiana. (P., C., C. & St. L. R. Co-, v. Montgomery, 152 Ind. 1, 69 L. R. A. 875; Tullís v. L. E. & W. R. Co., 175 U. S., 348; G. C. & S. F. R. Co. v. Ellis, 165 U. S., 150; Southern Indiana…
1Opinion of the Court
*283Opinion op the Court by
Judge Hobson
Affirming.
Spencer Melton was a carpenter in the service of the Louisville & Nashville Railroad Company, and on March 2, 1905, was engaged in building a coal chute on the railroad tracks near Howell, Ind., working under a foreman named Shrode. In building the coal chute it became necessary to set up some bents, weighing about 1,200 pounds each, and 22 feet long. To raise up the bents they used a pulley, block, and tackle. The bent was raised by the hands pulling on the rope. The pulley was fastened to a square beam by an iron chain similar to those used for…
2Cases cited19 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1906
- Smith v. WhittierCalifornia Supreme Court · 1892
- Bedford Quarries Co. v. BoughIndiana Supreme Court · 1907
- Tullis v. Lake Erie & Western RailroadSupreme Court of the United States · 1899
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
14 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fishleigh v. Detroit United RailwayMichigan Supreme Court · 1919
- West Kentucky Coal Co. v. Shoulders' AdministratorCourt of Appeals of Kentucky (pre-1976) · 1930
- Jones, Chief Safety Inspector v. RussellCourt of Appeals of Kentucky (pre-1976) · 1928
- Jones v. RussellCourt of Appeals of Kentucky · 1928
- Louisville & N. R. R. v. KeifferCourt of Appeals of Kentucky · 1909
8 more not listed; retrieve them via the Exa API.